On The Litigation Status And Protection Of The Rights Of The Independent Claim

A third party without independent claim, the party who has no independent claim on the litigant objectives in dispute but is legally interested in the results of the civil proceedings, takes part in the action (by application or notification of the court) already started between the plaintiff and the defendant for the protection of his own benefit. A third party without independent claim is always a problem with much dispute and theory divergence among the counterparts existing in litigant participants. There are a lot of defects of the provision in the Civil Procedure Law on this matter and these incur the serious infringement of the rights and benefits on third party without independent claim in return in cases involved the mentioned party in practice. To the mentioned points, the article expatiates the theory and the existing problems of third party without independent claim in detail from the following the points.The First Chapter gives a precise introduction on the theory of third party without independent claim from the aspects of the definition, status in litigation, basis and methods of litigation, rights and obligations, and points out the defects in legislation and existing problem in practice of the mentioned institutionThe Second Chapter introduces the legislation and provision on the third party institution (especially third party without independent claim) of the leading countries in the world, and gives an analysis on problems such as the methods of participation, litigation status and terms required of the third party without independent claim by comparison in connection with the related provision of our country, so as to find out a general rule and acquire experiences we should absorb during the process of perfecting the institution.The Third Chapter reveals the several problems exist in the institution, such as the imperfection and conflict among legislation and judicial explanation, the lack of sound social effect of the institution, and the difficulties of protection of the litigation rights of the third party without independent claim incurred by the ambiguity of the litigation status.