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无独立请求权第三人制度一直是中国民诉法学界争议的一个焦点,经过多年的论证,仍无定论,也许正是因为我们立足第三人制度,就事论事。本文试图做一个新的尝试,从经济学、社会学等相邻学科的视角分析无独立请求权第三人制度的合理性与公正性、成因与现状,在此基础上找到正确的方向,进行第三人制度的重构,既然是尝试就一定会有破绽和浅薄之处,借以抛砖引玉,与同道共飨。
The third party system without the independent claim has always been the focus of controversy in the civil litigation jurisprudence in China. After years of arguement, it is still inconclusive. Perhaps it is precisely because we are basing ourselves on the third party system to discuss matters. This article attempts to make a new attempt to analyze the rationality and fairness, origin and status quo of the third party system without independent claims from the perspectives of economics, sociology and other disciplines and find the right direction on the basis of this The reconstruction of the third party system, since it is an attempt, will certainly have flaws and superficialities, in order to start a discussion with fellow citizens.