The Empirical Analysis Of The Third Party In Lawsuit To Participate In The System In Civil Litigation

The content of china's current civil litigation code and the third party to participate the litigation in the system as determined by the new judicial interpretation,lacks a thorough program arrangement,also exists in theory of fuzziness.Get to the root,we should firstly clear the reasoning analysis which raised from the third party to participate the litigation.While starting from the comparison between Chinese and foreign legislation,we should also make sure that we respect the defendant'right of disposition,meanwhile,distinguish between defendants third party and supporting third party without independent right of claim.Additional effectiveness forces the third party to participate the litigation in our country which cause directly the third party lacking of the declaration of intention.In order to dissolve the theory predicament in the present system,we should rebuild the system of the third party to participate the litigation by quoting the civil procedure of civil law and the introduction of the third party system from USA,add the elements of starting procedure of the third party and add intensive program to make sure the normal operation of the system.In the first part of this paper,the author brought out the law dispute which exists in the practice of the third party to participate litigation through the case studies and analyze its cause according to the legal provision and judicial status in our country.On one hand,our country makes it rough on the procedure arrangement.on the other hand,the supreme court expected that the judges to enforce law program strictly cause it is short of host law.While the judges will also feel confused in the process of specific referees,otherwise,it happens that the unproper use of legitimate right.The second part made a comparison analysis between continental law system and angloamerican law system,by quoting the references of independent attending system of continental law,inspecting of the introduction of system of common law,expounding supporting system of continental law and the theory of third party in china.The third part provides several ideas for the third party to participate litigation system.Firstly divide the type of the third person through the legislation,Secondly build the proper lawsuits participation form and explicit the effectiveness of accountability,finally promote judges of judicial training in practice which means how to exercise the right to clarify and seek the views of plaintiff properly.The last part is the recall for the three cases in the first part,and also trying solve the three issues including the differences between the third person and necessary joint litigant,the legitimacy premises of the court determination enforced to take civil responsibility against the third person and notifications and addition of the court.