Analysis on the Right of Appeal of the Third Person without Independent Claim

【Abstract】Chinas Civil Procedure Law does not explicitly stipulate the right of appeal of a third party who has not been sentenced to civil liability and has no independent claim right （hereinafter referred to as “no only three”）. In civil litigation activities， there is no independent claim. After the third party participates in the lawsuit， whether or not it has the right of appeal is related to its vital interests when it is not subject to the civil liability of the peoples court.

【Key words】no exception; judged not to bear civil liability; right of appeal

【作者簡介】杜京儒（1994-），男，漢族，山東青島人，在讀法學碩士，青島大學法學院訴訟法學專業，研究方向：刑事訴訟法。

1. The concept of a third party without independent claims

The third party without independent claim refers to the fact that in the civil lawsuit， there is no independent claim for the object of the dispute between the two parties， but the result of the case may have a legal interest in him， and participate in the litigation that has already begun. The person in the proceedings.

The significance of third party participation in litigation without independent claim is to find out the facts of the case， distinguish the right and wrong， simplify the proceedings， effectively use the resources of the trial， and prevent the peoples court from making conflicting judgments on the same fact.

2. Legal requirements and disputes for third parties without independent claims

When the peoples court decides that the third party without the independent claim has the civil liability， the right to appeal has no dispute， but when the third party without the independent right to participate in the lawsuit， it is not judged by the peoples court. Does it have the right to appeal when it comes to civil liability？As is known to all， the courts judgment determines that the facts and the reasons for the judgment， the main text is a whole， and the main text of the judgment is based on facts and in combination with legal provisions. If the facts are wrong， it affects the correctness of the judgment. It is a one-sided approach to separate the judgment of the court and focus only on the outcome and not on the process， based solely on the outcome of the decision.

3. Analysis of the Dispute on the Dispute of the Right to Appeal

The author believes that it is not possible to draw a conclusion that it has no right to appeal based solely on the Civil Procedure Law and related explanations. Although in terms of litigation principle， there is no separate dependency on litigation， but in essence， it still conducts litigation activities independently in its own name. It is nothing more than defending the legitimate civil affairs by supporting the plaintiff or defendants litigation claims. The rights are gone. Therefore， to a certain extent， the independence is not only procedural， there is still its own claim on the entity， and whether it has the right to appeal must also be specifically identified and treated according to the actual situation of the case. If in the legal relationship between the plaintiff and the defendant， if the court decides that one of the parties has lost the lawsuit， assumes some legal responsibility or fulfills certain obligations， when the result of the judgment directly affects the rights and interests that are not unique， Although it is not judged to assume some kind of substantive responsibility， it should be held as a third party who has no independent claim right，giving it the right to appeal.

In accordance with the cassation of the third party stipulated in the third paragraph of Article 56 of the Civil Procedure Law， if a third party who has not participated in the lawsuit is dissatisfied with the effective judgment， ruling or mediation， it can only be passed within a limited time. Re-indictment and protection of their rights and interests， the provisions are protection of third-party rights; similarly， third parties who have already participated in the lawsuit， if they believe that the first-instance judgment， ruling， or mediation paper harms their interests， they should have the right to appeal to protect their rights. . This not only protects the interests of the three， but also saves the cost of litigation， and avoids re-indictment or re-trial correction.

參考文獻：

[1]劉東.論無獨立請求權第三人的識別與確定——以“有法律上的利害關系”的類型化分析為中心[J].當代法學，2016，02.

[2]王亞新.第三人參與訴訟的制度框架與程序操作[J].當代法學， 2015，02.