Reinterpreting the nature of civil liability awarded to the third party
According to the latter of No.59(2)in The Civil Procedure Law of the People's Republic of China,if a party asserts liability against a third party,the court may directly adjudicate the civil liability of the third party.However,"liability"is an abstract concept of civil law,which cannot replace a claim.And in terms of its nature,neither"obligation"nor"consequence"can explain its correspondence with the judgment.The ref-erence to"liability"in the civil procedure law is the root of the irregularity of the third-party practice,which is reflected in the improper disposal of the rights by the parties and the court's decision on the third party in vi-olation of the principle of debate.After the expulsion of the concept of"liability",it can be found that the lat-ter of No.59(2)cannot be typified as a third party,because it is not the category of the third party,but only a special stage of litigation.Its particularity lies in the duality of the third party's litigation status.The rationale for a person to be both the third party and the party lies in the independence of the sue towards the third party.
the third party without independent claimcivil liabilitydefendant-type third party
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