Study on the Protection of Legal Justice for Third Parties Without Independent Claims from the Perspective of Litigation Rights Protection

Abstract

The third-party system without independent litigation provided for in the civil procedure law of mainland China is conducive to the one-time settlement of disputes, and realizes the protection of the rights and interests of third parties while improving judicial efficiency. However, there are internal defects in the establishment of this system, which are manifested in the unclear legal status of the third party, the lack of independent claims, the imbalance of rights and obligations, and the ambiguous standards for the determination of interests, which leads to the failure to realize the relevant legislative objectives and provide the third party with due protection. These deficiencies make it worthwhile to ponder whether the law can truly guarantee the justice it brings to people. For this reason, from the perspective of the right of action, which is easier to identify problems, this paper puts forward some suggestions for the problems in the third party system without independent claim, such as drawing on the third-party defendant system to make a typological distinction between the third parties, and perfecting the standards for identifying the rights, obligations and interests of the third party without independent claim, in order to improve the authority and completeness of the Civil Procedure Law in mainland China through such standards.