Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

On the reconstruction of our country no independent right of a third party system

Author WuFeng
Tutor DuanHouSheng
School Fudan University
Course Legal
Keywords No independent third person The auxiliary to participate in the third person Third-party defendant
CLC D925.1
Type Master's thesis
Year 2009
Downloads 64
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Third party litigation system to break the pattern of traditional two parties has been generally recognized by the national civil law . On the theory and practice but for which no independent right of a third party system still exist with varying degrees of disputes and China's relevant regulations are too simple and vague , theoretical circles for many other issues not clarified in judicial practice contradiction after another , the author has thus launched a study of the system in this article . This paper outlines the background and history of the third person of no independent right system , and a brief analysis of the economy of litigation and procedural justice perspectives on the value of their systems . Related systems of the second part , the third person of the foreign law on no independent right to inspect summary of the civil law , the provisions of the relevant system of the Anglo-American legal systems of some countries , in order to find out no independent right to re- build our country first the trio of related ideas. The third part of our thinking no independent right to a third party system , no independent right to a third party system design flaws start from our country of various theoretical perspectives to reflect on an independent claim to the right of the third party system . In order to effectively address the problems exposed in the judicial practice , give full play to no independent right to a third party system effects , no independent right person in the practice situation independent third person typed auxiliary and third-party defendant two categories , and independent third parameter v. standards , parameters v. ways , the status of litigation litigation rights and obligations as well as the judgment no independent right third person effect reconstruct , proposed the establishment of the rights protection system to be beneficial to improve the institutional framework of our existing without independent third party .

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