The Reconstruction Of The System Of The Third Party Without Independent Claim In Our Country From The Perspective Of Typing

In recent years,China’s economy continues to grow rapidly,and the number of civil disputes has increased dramatically,which has led to a corresponding increase in the number of cases involving the third parties without independent claims.However,combined with the corresponding provisions of China’s current civil procedure law,the provisions about the third party without independent claim is very simple,thus laying many hidden dangers.More often than not,the court directly relies on its authority to promote the third party without independent claim to join,and even directly decides that the third party without independent claim can bear civil liability,which leads to its legislative purpose is difficult to achieve.To analyze the existing problems of the system of the third party without independent claim,I believe that the application of the third party without independent claim has deviated from the initial legislative purpose in the process of operation in China,and it is very difficult to solve the problem simply by repairing the existing legal provisions,so it is necessary to reconstruct it.This paper analyzes and researches the problems that emerge from the current legislation and judicial practice in China,and believes that the system of the third party without independent claim has a series of problems,such as the lack of clarity in the status of litigation,etc.By making full reference to the types of classification adopted by other jurisdictions,and further sorting out the system of the third party without independent claim based on this,we can find out the contents that can be applied to the legislation in China.Thereby reconstruct the current third party without independent claim into two parts: the first is the defendant third party without independent claim;the second is the assisting third party without independent claim.Defendant third party without independent claim is mainly based on the defendant’s claim that the plaintiff’s claims are not partly or even all by themselves,but that the third person should be responsible for these claims,and then through the way of litigation to introduce the third person into the case.In this case,the third party is the defendant of the original defendant in the subsequent litigation,so this situation is introduced to the third party is called the defendant third party without independent claim.The defendant third party without independent claim appears in the case lawsuit mainly because the defendant of the original lawsuit has filed it as a defendant.It involves the content of the new lawsuit,in this case,the court decided him to assume the necessary civil liability,which is in line with the basic principles of the Civil Procedure Law,which can effectively solve the embarrassing situation that there is no legal basis to judge the third parties without independent claims to take responsibilities.The defendant third party without independent claim enjoys almost all the civil rights enjoyed by the parties,only in the jurisdiction without the right to object.At the same time,the defendant third party without independent claim needs to bear the corresponding civil level of legal responsibility for the defendant in the original lawsuit.Assisting third party without independent claim refers to the third party who has a legal interest in the subject matter of the lawsuit and applies for participation in the case to defend his interests.From the viewpoint of the litigation status of the assisting third party without independent claim,he has the characteristic of subordination,so he has limited rights in the litigation,and his right to claim must not conflict with the party he assists.