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我国《民事诉讼法》第56条第2款规定,无独立请求权第三人(以下简称为无独请第三人)参加诉讼的方式有两种:一是申请参加,二是人民法院通知参加。但无论是现行立法本身,还是其在司法实践中的运作,均存在一定的问题。如何重新定位无独请第三人的参诉方式,以使其既能够充分发挥该制度的功能,又符合民事诉讼的原理,是一个牵涉到无独请第三人制度,乃至整个第三人制度、当事人制度重构的复杂问题。对此,许多学者均提出了重构方案。但对于司法实践而言,当前更紧迫的任务则在于对通行做法进行反思,转变观念,在立法许可的范围内对无独请第三人的参诉方式进行整合,以使我国无独请第三人制度的实际运作更接近科学。
Paragraph 2 of Article 56 of the Code of Civil Procedure of our country stipulates that there are two ways for a third party without independent claim (hereinafter referred to as a third party without independence) to participate in the litigation: one is to apply for participation, and the other is to notify by a people's court participate. However, both the current legislation itself and its operation in judicial practice have some problems. How to reorient the appeal style of a third party without a single government so as to enable it to give full play to the function of the system and to conform to the principle of civil litigation is a matter involving a third party system without independence and even the entire third party System, the complex system of party restructuring. In this regard, many scholars have proposed a reconstruction program. However, for judicial practice, the more urgent task now lies in rethinking the practice of passage, changing concepts, and integrating the way in which the third party does not have a single complaint within the scope of the legislative permission, The actual operation of the three system is closer to science.