On Systems Without Third Party Independent Claims

Third party without independent claim system, as an important system of civil litigationin China, the judicial process played a relatively important role, it is for a litigation to resolvemultiple implicated in the dispute, to reduce the cost of justice, improve the efficiency of theproceedings, and avoid the same facts or evidence to contradict referee the purpose of agreater role. But because of its legislative background, economic, political and other reasons,the current status of the third party without independent request right system stipulation is toogeneral, vague, defects and deficiencies. The third party without independent claim system isnot perfect, the discretion of the judge is too large, vulnerable to local protectionism orinterest, in the judicial practice in staggered, has listed the third party without independentclaim, and often direct judgment of third civil liability, which is the third program relief rightsmaximum damage. On the other hand, regulation authority too thick, too pursuit of litigationefficiency, lower the cost of litigation problems, while ignoring the procedure value, do notaccord with the legal standard and the pursuit of justice of procedure reform direction.Judicial interpretation of the third party without independent claim scope limits, but with littleresult, reached no permanent effect.This article from the civil litigation law of the third party without independent claimsystem characteristics, the legislative background, to participate in the proceedings andlitigation status according to participate in the litigation, as well as their procedural rights andlegal obligations to start, focusing on analysis of the Civil Procedure Law of our country thirdparty without independent claim of the existing system a series of problems. And learn fromforeign legislative experience, from the judicial efficiency and fairness pay equal attention tovalue level proceed with, new framework system, cancel " the third party without independentclaim " concept, the original " third party without independent claim " subdivision for theright to request an independent third and assisted in two categories of litigation participants,and to two categories of people ’s legal status, rights and obligations, action way of accusingand relief measures and other aspects of the preliminary design, focus on increasing the partyfactors, in order to reform " the third party without independent claim " system, to maximizethe realization of judicial justice.