On The Third Party System Of Right Without Independent Claim

China’s civil procedure law divides the third party into who with independent claims and who without independent claims.The classification criterion is "whether or not the parties concerned have independent claims".There are differences in the methods of participation and the status of third parties in the two types of third parties.However,on the third party system without independent claims,because of its special method of participation,it often results in a non-action judgment,and it is often judged to bear civil liability without enjoying full litigation rights,which is obviously unreasonable.The author thinks that it is necessary to classify the third party without independent claim right,that is,the third party without independent claim right has the right type of independent party with independent party status and the auxiliary third party without independent right.The third party of claim is the third party without independent claim in our usual sense.In addition to the introduction,this article concludes four parts:The first part briefly introduces the basic problems of China’s third party system without independent claims.First of all,reviewing the historical evolution of the third party system without independent claims in China,and then compare and study the third party system without independent claims in other countries with Taiwan and Macao in China in order to obtain the third party system without independent claims for a deeper understanding.Finally,compare the difference between a right-type non-independent claimant third party and a general auxiliary third party to clarify the concept and pave the way for the following.The second part mainly expounds the necessity and feasibility of classifying the right type of third party without independent claims,from the perspective of theory and practice,respectively.In terms of theoretical analysis,from "legal interests" and civil Proceeding from the purpose of the litigation system and the establishment of the third party system without independent claims,the necessity of the existence of a right-type third party without independent claims is explained.In terms of feasibility,the feasibility of a rights-based third party system without independent claims is first explained from the perspective of the litigant status of the third party without independent claims and the interests of the lawsuit.In fact,the classification of a right-type third party without independent claims is actually recognized,which shows that this classification is feasible.The third part is to sort out the situation of the third party with the right without independent claim and confirm its standard.First of all,by sorting out the existence of this type of third party,it is divided into two cases of its existence,and then through the existence of two cases,the right-type non-independent claim third party recognition criteria are divided.In the fourth part,given the clear criteria for the identification of a third party without a right of independent claim,the initial perfect opinions are given on its specific system.By exploring the participation structure of the right-type third party system without independent claims,the status of independent participation is clarified,and then specific procedures are regulated for the system.The right-type third party system without independent claims is not a system created out of thin air,but already exists in judicial practice.The author intends to clarify the system from these four parts,aiming to provide sufficient procedural protection for third parties outside the case,while taking into account fairness of litigation and dispute resolution.