Research On China’s Third Party Without Independent Claim

Civil procedure law aims to cope with disputes among parties so as to protect legitimate rights andinterests of parties and bring about judicial justice. The third party without independent claims, as animportant rule of civil procedure, is designed to meet complicate relationships of present litigation andrealize the basic purpose of civil procedure. It should be pointed out that the legislation of one rule inprocedural law is not an easy task; it is like a crucial screw in a giant machine, which means if a subtleerror occurs to the screw, it will bring huge damage to the giant machine of procedure. Thus, theperfection of third party without independent claims should take every aspect of litigation into account,which is linked with the basic principles, theories, and values of civil procedure law. However, therelevant provisions of third party without independent claims in China civil procedural law don’t fullymeet most people’s expectation, the shallow and mutual contradictory provisions in legislation andjudicial interpretation give rise to both controversial problems in theory and violation to principle of lawin practice. These problems have existed since Civil Procedural Law (Trial) enacted in1982and havenot been dealt with till the new amendment came out in2012. Therefore, it is important to modify theprovision of third party without independent claim in China’s civil procedure law.This thesis mainly divided into four parts. The first part is about the general introduction of thirdparty without independent claim. To begin with, this part analyzes the historical reasons of third partywithout independent claims so as to find out the historical origins of problems. Then, compare thedifferent views of China scholars about third party, for the purpose of analyzing the long-standingdisputes rooted in the system of third party without independent claim, such as the prerequisites, rightsand obligations for the third party who participants the litigation.The second party is comparative research on other countries’ legislations, which aims to refer othercountries’ provisions and legislative mode so that learn from their advantages, especially the impleadersystem in United States, the assisting intervener in German, Japan.The third part lists the specific problems about third party without independent claims arising inlegislation and judicial practices, which is conducted to reflect on unreasonable provisions and stress thenecessity of reconstructing the system.The last part basically includes the specific measures of reconstructing third party withoutindependent claims. On the basis of learning from the theory of overall reconstruction proposed bysome scholars in China, this part designs the basic principles and plans of reconstruction: Firstly, torename and classify the categories of third party without independent claims, the new category containsintervener of assuming obligations and assistant intervener. Secondly, taking the new theory of claim asthe prerequisite for the intervener of assuming obligations who join in litigation and using the litigationrules for impleader established by the United States as reference. Thirdly, referring to the provisions ofassisting party designed by Japan and German to reconstruct the new category of assistant intervener,and perfect it according to the actual situation in our country.