Research On The Perfection Of The Third Party System Without Independent Claim

Our country draws lessons from the auxiliary participant system of the civil law system,and the third party system without independent claim has been stipulated in the Civil Procedure Law(Trial Implementation)implemented in 1982,while the Civil Procedure Law promulgated in 1991 added that "the third party who bears civil liability by the people’s court has the rights and obligations of the parties".The addition of the supplementary clause,drawing lessons from the third party system of the United States,makes the system design break through the principle of the relativity of res judicata,promotes the one-time settlement of disputes,and makes the third party without independent claim possible to bear legal responsibility.At the institutional level,it has the characteristics of both the auxiliary participant system and the third party system.However,the theory has not been broken through for a long time.There are more than two litigation legal relations for the third party to participate in the litigation,and scholars have not considered the rights and obligations of the third party separately when they study the litigation.As a result,the system has not been modified and refined since its establishment,and the operability of the system is not good in practice Strong.In order to solve the above problems,combined with the actual situation of our country,the author thinks that the theory of the third party system without independent claim in our country should be constructed in a binary system.The third party without independent claim in the trial is to try the two lawsuits together.The third party without independent claim should only have the rights of auxiliary parties to the litigation object of the plaintiff and the defendant,and there is no independent claim for the litigation object involved The third party has complete litigant rights.The full text is divided into four parts.In the first part of this paper,it introduces the third party system without independent claim,which is lack of theoretical research in line with the actual situation of our country,so that there are long-term system defects in legislation and system operation guarantee.The second part,the theoretical analysis of the third party system without independent claim,mainly introduces the litigation structure and court hearing in the case of the third party participating in the litigation From the perspective of judgment effect,the author thinks that the reconstruction of the system should fully guarantee the disposition right and equal right of the third party without independent claim;the third part,the analysis of the extraterritorial system,using the provisions of the two legal systems for reference,when the third party participates in the original litigation object,the litigation rights and obligations are dependent,and the third party participates in the litigation object In the fourth part,firstly,it theoretically proves that the third party without independent claim should have the dual system of litigation rights and obligations,and proposes to reconstruct the legislative system according to the dual system theory.