A Third Party Without Independent Claim Rights

Based on the comprehensive consideration of litigation economy and the protection of the rights and interests of the third party outside the case,the civil Procedure Law adds the system setting of the third party without independent claim right to participate in the lawsuit.At present,some difficult legislative problems of the third party without the right of independent claim are pending,the protection of the rights and interests of the third party is still inadequate in judicial practice,and the balance between litigation economy and the protection of the rights of the third party is difficult to be effectively realized.In order to give full play to the value of the third party system without independent claim,it is urgent for Our country to analyze the existing problems and solve them from the judicial status quo without such system.Based on the case of withdrawal of the third party,after discussing the basic theory of the third party without independent claim,this paper analyzes the present situation of the third party without independent claim from two aspects of legislation and practice.On the basis of comparative analysis of the third party system outside the territory,the author puts forward some suggestions to solve the existing problems,in order to contribute to the improvement of the third party's participation in litigation without independent claim in China.