无独立请求权第三人权益保护研究

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

无独立请求权第三人制度是我国民事诉讼程序的重要组成部分,我国法律的相关规定却极其简略,在理论和实务中引起了广泛争议。无独立请求权第三人是否属于案件当事人,在诉讼程序中有何种权利义务,法院直接判决其承担民事责任是否合理,对我国无独立请求权当事人制度的缺陷予以分析,同时与外国类似制度相比较,有助于探究该制度的改革和完善途径。

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.