On The Third Party With Independent Claim

The purpose of civil procedure is to solve the private disputes, to protect parties’ rightsand maintain national legal order, but its basic purpose should be to protect the rights of theparties. But lawsuits were filed, legal relationships is the center, the opposition parties are theso-called two party system. Therefore, in the lawsuit structure, party refers to the action of theplaintiff and defendant. But private disputes,often not be limited to opposition parties,sometimes involves more parties, and judge effect or result, sometimes affect the third peopleoutside the litigation, so resolving the individual disputes in many disputes, is difficult toreach the final goal of solving disputes. For the protection of third people, sometimes isimperfections. Although added revocation of action of the third party in China, but how todeal with the protection before and after the rights, it is not clear. Expanding function ofresolving disputes, preventing adjudication conflicts and how to protect the third proceduralright, from third party participating in the litigation of continental law system, combines withadding revocation of action of the third party. This paper tries to put forward some advise inimproving China’s the third party with independent claim.Except for the introduction and conclusion, this article divides into four parts. Andcounts of30,000words.In the introduction, in order to achieve the matching function, from right protection ofthe third party with independent claim to combine with adding revocation of action of thethird party, put forward a practical significance to improve the third party with independentclaim.The first part of the article discusses the legitimacy theory of the third party withindependent claim to participate in the litigation, including program security concept,aone-time settlement of disputes and the right to be heard before the court, this ideas providesthe value basis for participating in litigation of the third party with independent claim,andprocedural protection.The second part of the article discusses the theoretical principle of the third party withindependent claim from the third party participating in the litigation of continental law system, explains the procedure rules participating in the litigation,withdrawing the lawsuit and itseffect, conversion of status in lawsuit and the relationship of revocation of action of the thirdparty, analysis the General point of Japan and China’s Taiwan region about the third partyparticipating in the litigation, and compare the independent party intervene of Japan withintervening action of Germany, provide a theoretical reference for improving the third partywith independent claim.The third part of the article, in the historical and realistic aspects of the third partyparticipating in the litigation of continental law system, reviews its the origin anddevelopment and evolutionary process. In a similar system corresponding to the third partywith independent claim in continental law system countries or area, and discusses theprovisions of Germany, Japan and China’s Taiwan region in detail. To provide reference forperfecting the third party with independent claim to participate in the litigation.The fourth part of the article,in the analysis of present situation of our country’s thirdparty with independent claim to participate in the litigation, and refers to the previousdiscussion of above parts, puts forward some suggestions in perfecting this system.Articulating the following aspects mainly, the specification of rules of order mainly withindependent claim third ginseng procedure rules, the court’s duty to notify the lawsuit, andhow to perfect the relationship between the third party with independent claim and revocationof action of the third party, so as to maximize the function in protection of third party rights.The last part is the conclusion, reiterated the purpose and significance of perfecting thethird party with independent claim.