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Analysis and Innovation of the Mode of Intervention of the third Party without Independent Claim

Liu Xiu-ming

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Abstract

The system of the third party without independent claim is an important subject institution in civil procedure law.The way of the third party’s intervention has a lot of contradictions and defects,which lead to the divergence between legal theory and judicial practice.It is necessary to analyze the various defects and deep soil for continuing to exist of the mode of intervention by notification from the court,proposing an innovation plan which is both reasonable and gradual.The plan requires the court to reserve the mode of intervention by notification temporarily with strict restriction.Different modes should applied to different kinds of third party and modes of intervention by notification from the court on different foundations should be treated differently.So the court can stop notification of intervention and fulfill the original idea of the system of the third party without independent claim.

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What this paper is about

The system of the third party without independent claim is an important subject institution in civil procedure law.The way of the third party’s intervention has a lot of contradictions and defects,which lead to the divergence between legal theory and judicial practice.It is necessary to analyze the various defects and deep soil for continuing to exist of the mode of intervention by notification from the court,proposing an innovation plan which is both reasonable and gradual.The plan requires the court to reserve the mode of intervention by notification temporarily with strict restriction.Different modes should applied to different kinds of third party and modes of intervention by notification from the court on different foundations should be treated differently.So the court can stop notification of intervention and fulfill the original idea of the system of the third party without independent claim.

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Available abstract

The system of the third party without independent claim is an important subject institution in civil procedure law.The way of the third party’s intervention has a lot of contradictions and defects,which lead to the divergence between legal theory and judicial practice.It is necessary to analyze the various defects and deep soil for continuing to exist of the mode of intervention by notification from the court,proposing an innovation plan which is both reasonable and gradual.The plan requires the court to reserve the mode of intervention by notification temporarily with strict restriction.Different modes should applied to different kinds of third party and modes of intervention by notification from the court on different foundations should be treated differently.So the court can stop notification of intervention and fulfill the original idea of the system of the third party without independent claim.

Key concepts: Intervention (counseling), Third party, Divergence (linguistics), Mode (computer interface), Subject (documents), Law, Institution, Plan (archaeology)

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