The Perfection Of The Third Party System Without Independent Claim

The third party system without independent claim is an important part of China's civil procedure law system,which has been constantly revised and improved.However,article 56 of the civil procedure law only makes a conceptual provision for the third party without independent claim right,so far the system itself is still a little rough.The way,status and right of claim of the third party without independent claim are not clear yet.In order to clear the source,we should first analyze the system itself deeply;From the judicial cases we can clearly see the problems in the application of the third party system without independent claim.In order to extricate ourselves from the predicament of the system and rebuild the system of the third party without independent claim in China,we should learn from the reasonable points of the third party introduction system in the United States and the auxiliary participation system in Japan,and on the basis of the third party type,ensure the reasonable formulation of China's procedural norms and supervision rules.In the first part of this paper,it summarizes the relevant legislation and legal interpretation of the third party without independent claim right in the civil procedure law,discusses the value of establishing this system,and analyzes its characteristics with similar systems and confusable systems.The second part through some j udicial cases to sort out the existing problems of the third party without independent claim,and points out the reasons for the problems,mainly because the rough and confused legal provisions make the judicial practice lack of strong reliance;The third part is the interpretation of the relevant systems outside the region,mainly by referring to the two typical legal systems of the third party introduction system and auxiliary participation system to think about how to absorb its reasonable absorption into the reconstruction of the third party witho ut independent claims.The fo urth part is based on the previous three parts of the interpretation of the system,to improve the c urrent system of the third party without independent claims to put forward some improvement measures.It is mainly about typifying the third party without independent claim,determining the way of the third party witho ut independent claim to participate in litigation and establishing a reasonable safeguard mechanism.