The Improvement Of The Third Party System In Civil Procedure In China

The third party system in civil procedure is a widely established civil procedure system in modern countries,which plays an important role in the theory of civil procedure.China classifies the third party as having independent claim rights and having no independent claim rights based on whether they have independent claim rights to the subject matter of this lawsuit.Since the establishment of the third party system in Civil Procedure Law of People’s Republic of China(Trial)in 1982,Chinese legislation has not made significant modifications to the third party system.Only when Civil Procedure Law of People’s Republic of China was revised in 2012,the content of the third party revocation lawsuit was added.However,there has been a lot of debate in the academic community about the third party system in civil procedure,and different opinions have been proposed to improve the third party system in civil procedure in China.Most of the opinions are about reclassifying the internal types of a certain type of the third party and improving the participation procedures from a localized perspective,while few articles examine the rationality of the types of the third party and their participation rules in civil procedure in China as a whole.The improvement of the third party system in civil procedure in China should be systematically examined as a whole,and the primary focus on whether the classification of the types the third party is reasonable.Only after a reasonable classification of the types of the third party can we fundamentally solve the problems faced by the current the third party system in legislation and practice.In civil procedure theory,the concept of procedural parties should be adopted to redefine the connotation of the third party.China should classify the third party in civil procedure into the third party with independent litigation claims and the third party with no independent litigation claims based on whether they have filed independent litigation claims.The third party with no independent litigation claims can also be divided into defendant type of the third party with no independent litigation claims and auxiliary type of the third party with no independent litigation claims,regardless of which type of the third party,he should have an independent litigation status.After a reasonable classification of the types of the third party,it is also necessary to improve the rules for each type of the third party to participate the civil procedure.At the same time,it is also necessary to establish the litigation inform system,in order to make the third party know relevant litigation who have an interest in the subject matter of this case.so that they can participate in this lawsuit in time,provide procedural protection,safeguard their legitimate rights and interests,resolve disputes,and realize the functions of the third party system sufficiently.