On Protection of the Rights of the Third Party Without Independent Claim

The third party without independent claim is defined as the party who has no independent claim towards the object of litigation,while participating in the litigation for he possibly has an interested relationship with the disposal of the case.The system of the third party without independent claim is a major part of the civil procedure in our country,but related provisions are too simple,which have caused immense disputes in civil procedural theory and practice.Is the third party without independent claim a litigious party? What rights and obligations should it take in the procedure? Is it reasonable for the court to sentence it to civil liabilities? This article attempts to analyze the defects of the system of the third parth without independent claim,and to explore a path to reform and improve it in comparison with similar system in foreign countries.