论无独立请求权第三人权利保护-诉讼法学专业论文.docxVIP

万方数据 万方数据 The protection on the third party without independent ABSTRACT Third party without independent claim in order to maintain the interest of himself to join the started but not finished lawsuit which between the plaintiff and the defendant,the third people does not have an independent right to request on the plaintiff and the defendant of litigation object,it's only that may have a legal interest between the court verdict and the third person.The third party without independent claim system in the civil action in our country built on the basis of foreign related system,which be similar with the assisting party system in the continental legal system or by introducing the third party defendant in American civil procedure.To establish this system is to achieve economic litigation, justice,protection rights of the parties and third people,it is a not to be ignored system in the civil action. The law of our country have the third party without independent claim,but the law is not perfect,there are many loopholes,some laws still exist contradictions,there are differences in theory and practice.The blemish of the third party without independent claim in our country mainly displays in:Contradictions of legislation lead to the litigation status of the third party without independent claim is not clear,it is not conducive to the protection of the rights and interests of the participants in the proceedings;The court in handling civil disputes should adhere to the principle of no trial without complaint and the principle of punishment,but the way to take in the law suit between plaintiff and the defendant by the way of the court shall notify the third party as the third party without independent claim,which is on the contrary to the two principles;The rights third party without independent claims in the lawsuit are restricted,the court judgment of third party without independent claim shall bear civil liability violate the principle of equal rights and obligations;Abusin