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China no independent right third party litigation system reconstructed

Author: FanWen
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: No independent right Third person Value orientation Systematic Reconstruction
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 243
Quote: 0
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Abstract

No independent right third party system is an important system on China's Civil Procedure Law, the system is established in order to achieve the economy of litigation, to prevent contradiction between the referee and the protection of the parties and the third party interests. Current legislation and judicial practice, due to the legal rough as well as the provisions of the internal contradiction of no independent right under the third party system, no independent right people a lot of problems in practice, the impact of the litigation fairness and efficiency . From our independent request the right of the third party system in the existing legislation and practice, the combination of foreign legislation, practice and theory to explore the reconstruction of our country without independent right third party system. In addition to the introduction and conclusion, is divided into four parts. The first part: no independent claim to the concept and characteristics of the right to a third party, without independent right conditions to participate in the proceedings and the value of the analysis, clear the necessity of the institutional and juridical value. Part II: legislation, practice and theory of the third person of the major countries of the Introduction and Comments on Two Schools system. This section first describes the system and the defendant of the lawsuit participate the introduction of the system of \concluded: Although the different legal systems of the different participants in the proceedings of the national system differences, but they follow the common law, and that participation in the proceedings in respect for the parties to ensure that the premise of the administration of justice, through the design of the system to achieve the lawsuit economic , while avoiding the result of two interrelated cases in the trial proceedings, resulting in conflicting judgments equitable protection of the rights and substantive rights of the parties to the litigation. Part III: our independent right to a third party, legislative, judicial status and problems of the analysis highlighted the legislation on non-the parameter v. independent third person parties and the litigation status awkward reality at? dry remonstrance exhausted stupid? approximately amine ㄔ obituary  shelter  vulgar about ramming horsefly the Yin chewing  suo  the 3K birds of prey Φ Chen  dead  Xian Mu Slow Man Cave swollen basis! Mace Ye Mou bran? Major reconstruction of the third person of no independent right system. The part of the First through summarized Chinese scholars Institute to form the kinds of theories for third party system no independent right to clear the third party system no independent right to the pursuit of value orientation, followed by v. basic theory analysis tools, reference no independent right to a third party the doctrine of \reconstruction. Overview of the said existing no independent right people into the auxiliary and quasi-independent third party. No independent right of these two types of people require different parameters v.. In addition, the article also advocates the establishment of a third person subject qualification objection system, the parties and the third party can choose whether to resolve the dispute in the same program, but also their jurisdiction imposed supervision and restriction. In addition, we also think that our country should be established no independent right decision effectiveness system.

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