On The Third Party Without Independent Claim Admit The Claims

It includes the third party with independent claims and the third party without independent claims in litigation system of China.However, the third party without independent claims comes across so many difficulties no matter in practice or in theory rather than the third party with independent claims. Since there are a lot of cases about the third party without independent claims, this essay selects a typical one which the third party admitted the plaintiff's claim and tries to discuss whether the third party without independent claims have the right to do so.This paper is divided into four parts. The first part is to introduce the case and summarize the focus of controversy. Qingyue Co.Ltd prosecuted Jiangke Co. Ltd for fulfilling the contract. In the lawsuit, Jiangke Co. Ltd applied the court for letting Pangu Co. Ltd join the suit as the third party without independent claims. The court approved it. After hearing, the court considerd that Pangu Co.Ltd behaved as unauthorized agency. The peculiarity of this case is that Pangu Co. Ltd admitted Qingyue Co.Ltd 's claim. Athough both the court of first instance and the court of second instance entered a same judgement,they had a different views about Pangu Co. Ltd's admission. The court of first instance argued that Pangu Co. Ltd's had no right of claims and it was not the contract party. The court of second instance had no response about it. Therefore, this paper concludes it as the focus of the case.The second part is to make a theory analysis. First of all, the paper analyze the circumstances which defendant admits plaintiff's claims. Then, it concludes that whether the third party without independent claims has the right to admit the plaintiff's claim depends on three aspects. Firstly, it should consider whether the third party without independent claims has the party's lawsuit status. Secondly, it should ponder whether it has some limitation if the third party could be regarded as the party and disposes substantive rights. Thirdly, it should find out whether the law makes special provisions for the third party without independent claims and prevents it to exercise of rights. After summarizing the above views, this paper analyzes the background of the third party who is regarded as a aider for a long time when we discuss the third party's lawsuit status. Afterward, we divide the third party into two categories which is type third and type third helper. The former do not has the party's lawsuit status and the latter has. Also, it should not make any limitation for exercising substantive rights. If substantive law endows a choice to plaintiff, we should abide by it. But we should not admit the third party's right if it damages plaintiff's choice.The third part is to make a case analysis. After reviewing the case, we could discover that the result of judgment will influence Pangu Co. Ltd's substantive right. So it is a right conduct that the court approved Pangu Co.Ltd joining the lawsuit. Moreover, it is not appropriate that the court of first instance for admitting Pangu Co.Ltd's recognition. This case involved unauthorized agency, so Qingyue Co.Ltd had a choice to select whom to take up the responsibility. Although the court made a just decision, it should introspect to pay more attention for connotation of the third party's recognition.The forth part is to draw some suggestion for the judicial practice. Firstly, the court should base on litigant's claims to make a judgment concerning the third party's status in litigation. Secondly, legislative body could divide the third party without independent claim into the type third and type third helper through judicial interpretation, and add more details.