On Third Party Without Independent Claim Litigation Right Protection In China

Third Party without Independent Claim System (TPICS)is our country’s civil litigation system important content, but in civil action of our country various body it is an awkward and controversial role. The reason is the current legislation of our country is only made to its general rough sets, not on its classification is more meticulous differentiate, and their lawsuit rights restrictions, great damage to the third party without independent claim legitimate rights and interests. And the third party without independent claim is set up for the purpose of realizing the economy of litigation is not limited to the simplified procedure of contradiction, more importantly safeguards may become the third party without independent claim the interested parties of the litigation rights and civil rights, so that the rights and duties of the said the relative, it is the third party without independent claim procedure value place. So we need from the legislation to the third party without independent claim classification for more detailed provisions, make clear its legal status, establish independent request power system procedure safeguard mechanism, cogent and perfect our system of third party without independent claims.This text is from the our country third party without independent claim protection present situation, pointed out its rights protection problems, undertook an analysis to its reason, think to strengthen the third party without independent claim litigation rights protection is very necessary.Then based on the United States, Germany and other representative countries of the third party without independent claim classification investigation, with respect to our country third party without independent claim types of refinement is analyzed, which is also the core content. Recommendations will be our country third party without independent claim is divided into the type third and type third helper two categories. And introduced the type third human connotation, characteristics, requirements and procedures to participate in the proceedings; auxiliary type third human connotation, legal status and to effect problem.Refinement of our country third party without independent claim types to determine their litigation rights guarantee foundation. In order to effectively safeguard the litigation rights of defendants, also must be type third and type third helper litigious rights. The author through the analysis and comparison of thought:the third person’s lawsuit right should mainly includes the main body qualification, the jurisdiction objection to the right, to expand its appeal and litigation related to the establishment and perfection of review procedure. Helper type third person’s lawsuit right should mainly includes the application right, right to be informed, participate in litigation right for challenge, independent Chen action and so on.The article concludes with a discussion and program security related system, including procedural sanction system and compensation system. That can draw lessons from the criminal law, to any outsider into lawsuit main body will only take the procedural sanction measures, and according to the intervenors. Loss of compensation, the losses to the minimum.