On Intervening Third Party With No Independent Claims

The intervening third party with no independent claims is one of the key and difficult systems of litigant of civil litigation, whose purpose is not only mainly to perfect the system of litigation, but also mainly to protect at the interests of the intervening third party and the party. Based on how to classify the intervening third party with no independent claims, this paper purposes the problems as procedural rights, norms for being determined and forms of intervention one class by one class. Simultaneously, this paper probes into the shortcomings existing in our traditional theory, then puts forward suggestion for the reconstruction of the system of intervening third party with no independent claims in our country.This paper consists of six parts.The introduction remarks generally introduces the history of intervening third party and the necessity for discussing the problems in our country at present.Part I: After introducing the foreign systems of intervening third party and comparing it with the system in our country briefly, the paper puts forward that to prefect intervening third party with no independent claims based on classing is the fundamentai way out for resolve the shortcoming existing in our traditional theory.Part II: According to difficult way by which the consequence of action in chief can affect the interests of the intervenors, the intervenor is classified into two classes: Intervener by right, the reason for his intervening is that the dispontif of action in chief would affect his interests. Intervene or of duty, the reason for his intervening is that l:he grounds of decision of action in chief would affect hisinterests. Then, the paper puts forward a few points to discuss with the suggestion of quasi-party, and produces that: so called quasi-party, it's essence is that the intervening of party posses two status in litigation-intervening in action in chief and one party in intervening action.Part III: Basing on the discussing with the traditional theory, the paper puts forward that the procedural right of intervening third party with no independent claims must be orientated at the antagonism against the person against whom an intervening is mode. That is, the procedural right of intervenor of right is to claim subrogation or rescission for the undue acts in action of the party been intervened and the right of the intervenor of duty is to claim that he would be free of behavioral effect of the improper acts in action. At the same time, the paper suggest that the norm for the intervenor of right to be determined is to find whether he have rights on the material law to restrict the jusdispodendi of the one party and the norm for another to be determined is to find whether there are legal facts need to be found with no contradiction in the two jural relation.Part IV: After discussing with some of the two jural relation, the paper puts forward that the mode of the intervenor of right to join the action in chief is to apply by himself, and the mode of the intervenor of duty is to be notified by the court.Conclusion: To conclude the paper.