New Exploration Of Classification Of The Third Party In Civil Procedure

The content of the research of the third party in civil procedure mainly includes two aspects:First, what kinds should the third party be divided into, and second, what is the criteria of theclassification. Classification of the third party closely related to almost every vital theory in thisarea, such as the reason of intervention, litigation structure, the relationship between all the parties,judgment form and the effect to the third party, which can be take as the core issue in the study ofthe third party theory.The study of reclassification of the third party is conducted through four parts.The first part is the introduction of evolution and current situation of the third party system.This section outlines the development process of China’s third party system in civil procedure, andthrough an overview of the existing controversy indicates the difficult situation faced by the thirdparty system. Due to the lack of integrity of the internal ideas, current institution cannot provideany basis to the study, so the reconstitution of the third person type is very necessary.The second part is the introduction of foreign legislation of the third party system. Thissection contains the overview of the litigation of four countries. the former Soviet Union,Germany, Japan, the United States. Following this overview pointing out the enlightenment to thisreclassification study.The third part is the introduction and evaluation of the existing reconstruction scheme. Thissection briefly describes the four extant representative academic standpoint of reconstructionscheme, and pointed out there were three common defects in all these four schemes, whichprovides the basic guiding ideas and values concerning the reconstruction of the third party system, that is the classification of the third party should be started from the discussion of the unique valueof third party system, and reconstruction the regime as a whole.The fourth part describes the reconstruction with the criteria “whether the litigation objectshould be determined in a single form or not”. This is also the main part of this thesis. The maincontent of this part includes the model of division, classification criteria, meaning of “determine ina single form”. By explaining five specific procedure problems, the topic of this article has beenfurther expanded.Through the above four parts, based on the criticism of existing system and related theory,this thesis exploring the unique value of the third party system and drawing the innovative criteriaof the third party classification in civil procedure, which provides a new way of thinking.