The Study On The System Of The Third Party Having No Independent Claim In Civil Litigation

With the development of China’s economy, the civil disputes between various subjects have been increasing. In order to resolve these disputes and maintain the stableness of legal order, the relatively overall provisions have been made in the Law of Civil Procedure of China, among which is the system of participating litigation of the third party who has no independent claim. However, the relevant provisions of this system are imperfect in the Law of Civil Procedure in our country. In addition, these provisions are too simple and there are explicit conflicts between them. There are various problems in the judicial practice, too. The incorrect listing and the abused listing of the third party have been imitated for many years. Even in 2012’s newly modified Law of Civil Procedure and the Supreme People’s Court’s Interpretations on Applying the Law of Civil Procedure of the People’s Republic of China enforced on February 4,2015, there are no specific provisions to solve this problem. Owing to this, the thesis takes the third party who has no independent claim in civil litigation as the theme and hopes to be helpful to the improvement of the legislation on civil procedure in our country. The thesis starts from the concept and characteristics of the third party who has no independent claim in civil litigation, makes a comparative study of this system, explores the current situation and judicial practice of the system in China, and puts forward some suggestions on further improving the system of the third party who has no independent claim in civil litigation in our country.