On the Third Party System without Independent Claim

Zhou Yang

◆Abstract：The third-party system without independent claim is one of the important contents of the civil litigant system.The study of the system not only helps the improvement of the party system，but also helps to effectively protect the interests of third parties and litigants.

◆Key words：the third-party without independent claim；method of participation；litigation rights

1 The meaning of the third party without independent claim

The concept of a third party without independent claims

The third party without independent claim means that although there is no independent claim for the object of the dispute between the two parties to the original defendant，the result of the case has a legal interest in him，so participation has already begun.The people who came to the lawsuit to protect their own interests.

The problem of judging “there is a legal interest in the outcome of the case”

For a long time，the question of judging the standard of “there is a legal interest in the outcome of the case” for the third party without independent claim is the dispute point of the system.

The author believes that the factual implicature does not count as a “legal stake”.In summary，the author believes that the idea of “legal interest” as a result of the outcome of the case affecting the rights or obligations that are not unique is a relatively long-term view.

2 The problem of the third-party system without independent claims in China

The court informed the way to participate in the lawsuit

In the trial practice，the application for participation is rare，and most of the cases are court ex officio notice.Participation，and the parties and the court have no obligation to inform，and the third party who does not have the right to independently claim does not have the right to object.

The litigation rights and obligations of third parties without independent claims are unreasonable and unclear

On the one hand，a third party who is not responsible for the judgment does not enjoy the litigant rights and obligations of the parties.On the other hand，the litigant rights enjoyed by third parties who have been sentenced to civil liability are not only time-limited，but also do not have the right to dispose of entities such as jurisdictional objections and application for withdrawal before the judgment of the first instance.The lack of rights and obligations often leads to the corresponding lack of judicial remedies and procedures in such third parties.

3 The perfection of the third party litigation system in China without independent claim

Construct a reasonable way of participating

The third person has a legal interest in the case because of the outcome of the case，so he will take the initiative to participate in the lawsuit.In addition，the addition of a third person to the court is also contrary to the international practice.Therefore，the third party who does not have the independent right to apply for the lawsuit should only apply for participation，and the court should cancel the notice that the third party who has no independent claim right to participate in the lawsuit.

Amend and improve laws and regulations concerning the third party system without independent claims

The reason why China’s third-party system without independent claims has the above-mentioned various problems is fundamentally because of the contradictions and defects stipulated by China’s laws.Therefore，we should actively modify and improve China’s laws and regulations.

Establish a procedural safeguard mechanism for the protection of third parties without independent claims

The author believes that we should be given legislative jurisdiction to dissent.Establish a dissent system for jurisdiction over third parties without independent claims，to prevent third parties who do not have independent claims from participating in litigation，and to protect independent claims.

4 Conclusion

China is in the critical period of further deepening judicial reform.It is necessary to establish a trial-centered litigation system，promote the reform of the third-party system without independent claims，and effectively protect the litigant rights of litigants and third parties without independent claims.

作者簡介

周杨（1992—），女，民族：汉族；籍贯：山东省青岛市胶州市；学历：硕士研究生在读；单位：青岛大学法学院；研究方向：民事诉讼法学。