The Reconstruction Of The Third Party System Without Independent Claim In China

In recent years,with the rapid development of China's economy,the number of economic disputes has increased sharply and the transaction behavior has become complex,which leads to the court accepting more and more cases involving the third party without independent claim.The sound operation of the third party system without independent claim right can provide the third party with sufficient procedural guarantee,save judicial resources and promote the one-time settlement of disputes.However,the current civil procedure law of our country is very simple,lacking the corresponding procedural rules,relying too much on the authority of the court to promote the third party without independent claim right to participate in the litigation,and even the court can judge the third party to bear the civil liability,which leads to the goal of legislation is difficult to achieve.By analyzing the formation of no independent right to a third party claim system in our country,the author thinks that although without independent right of claim of a third party system in China is the result of the civil law system of auxiliary to attend,but it was borrowed from the Soviet union,and China attaches great importance to the result to belittle the influence of the traditional concept of trial procedure,make the system has been a serious variation in operating,and simply rely on the repair of the actual law has been difficult to solve the problem,should carry out the refactoring.This paper takes the procedure of the third party without independent claim as the object of study,starting from the current situation of our country,and through the historical research method and the comparative research method,it aims to put forward the corresponding reconstruction scheme.In addition to the introduction and conclusion,the text is divided into four parts:The first part,has no independent claim to our country the third person to participate in the litigation procedure of the legislative status quo and the status quo of the practice is analyzed,by using data analysis found to participate in litigation to a third party without independent claims in our country the way imbalances,a third person after entering litigation enthusiasm is not high,the main reason is our country law is too simple,the program design flaws.To a concrete analysis of the problems,find our country law the provisions of the lack of houses of v.time,also does not have to "interested" in the eyes of the law is an important parameter v.elements make clear explanations,the court ruled that a third person shall bear civilliability there is contradiction between power and participate in litigation procedures,the lack of litigation system to inform,the third person can can enter the litigation is decided by the court,but lack of authority of the court,and there is no corresponding relief system.In the second part,the author makes a further discussion on the causes of the present situation of the procedure of participating in litigation in China,and finds that although the third party system in China is borrowed from the Soviet union,it originates from the auxiliary participation system of the civil law system.Under the influence of the traditional judicial concept in China,the third party system without independent claim right has been further reformed.The third part analyzes the procedure of the civil law system.In terms of the elements of participation in litigation,this paper analyzes the different interpretations of the legal interests of the countries in the civil law system,and studies the special elements of litigation notification in Germany.In terms of the way to participate in litigation,the way to participate in litigation in the civil law system is mainly divided into the auxiliary participants themselves to apply for participation and the parties to this lawsuit to inform the auxiliary participants to participate,among which the court according to its authority to inform the auxiliary participants to participate is unique in Taiwan.The fourth part puts forward some Suggestions to reconstruct the procedure of the third party who has no independent claim in China.The reconstruction thought is to clarify the procedural justice litigation idea on the basis of the combination of litigant doctrine and authority doctrine.In terms of the specific reconstruction scheme,the power of the court to judge the third party to bear civil liability is cancelled,the definition of legal interest is clarified,and different reconstruction.Suggestions are put forward according to three different ways to participate in the litigation.