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No independent right of a third party system

Author: WuQiongQiong
Tutor: JinJianLi
School: Zhengzhou University
Course: Procedural Law
Keywords: without independent claim the third party system procedure guarantee the third defense absorbed the auxiliary intervener
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 46
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Abstract


The third party without independent claim system is an important one in our country’s code of civil procedures litigation corpus. It plays an important part in realizing the economy of litigation,increasing litigation efficiency and maintaining the fairness of the judicator. Study on this system is helpful not only to perfect the system of litigant but also to protect the rights and interests of both the third party and the litigants. This paper is divided into five parts:Part One:The author simply intruduces the rules about third party without independent claims in the present legislation in our country.Part Two:The author introduces the origins,development and function of the third people system ,reviews the classification of the third party in the foreign legislation and pays more attention to the similar system in continental legal countries and the similar system in America.Part Three:the author studies some basic doctrines of civil procedure to deeply understands the system of third party without independent claims . and the author analyses the criterion which judges the third party is third party without independent claims or not. the author points out some big questions after the study of doctrines,which cause different ideas about many important issues in the theories field and different methods in the judicatory practice,for example: firstly ,in our country’s code of civil procedures,the third party without independent claims is placed in the chapter of the party concerned.Meanwhile,it has the right of the party concerned if sentenced to undertake the civil duty,which obviously differs the third party without independent claim from the party concerned. Only when sentenced to undertake the civil duty,can the third party without independent claim have the right of the party concerned,which makes its litigation position uncertain.Secondly,the uncertain statement about the"relation"can not offer the third party without independent claim the procedural guarantee.Part four: the author trys to finds the way handles out the questions .the thesis divides the third party without independent claims between the third defense absorbed and the auxiliary intervener, and then introduces them separately. In our theory ,the party who should or may be ruled to undertake civil liability should all be categorized to the third defense. The author holds that the way of the third party as a defendant to enter into the lawsuit is to suit.The way of the supplementary third party to enter into the lawsuit is applying to the court or being informed by the litigants.We should perfect the procedure guarantee for the third party without independent claim system and solve the self-contradict in the lawmaking and better the perfect confusing condition.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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