无独立请求权第三人制度之所以能够引起学者们的持久关注,其原因无非来自两个方面:理论的困惑及实践的难题。理论的困惑源自于对其模糊的法律地位界定;实践的难题在于,"地方法院为了避免被人批评搞地方保护主义,司法实务中存在的大量判例都判决无独立请求权第三人承担民事责任。在反对地方保护主义的呼声很高的时期,司法实践中有关无独立请求权第三人又大量减少,以避免被批评搞地方保护主义。其结果,不仅没有发挥诉讼解决纠纷的机能,也没有实现诉讼经济 The reason why the third party system without independent claim can arouse the sustained attention of scholars has its origin in two aspects: the confusion of theory and the difficult problem of practice. The confusion of theory stems from defining its vague legal status. The difficult problem of practice lies in the fact that in order to avoid being criticized by local courts for local protectionism, the magistrates’ courts have found that there is a large number of jurisprudence in judicial practice that has no independent third party commitment Civil Responsibility In a period of high opposition to local protectionism, the third person in judicial practice with no independent claim drastically declined to avoid being criticized for engaging in local protectionism. As a result, not only did the lawsuit resolve the function of the dispute , Also did not realize litigation economy