无独立请求权第三人是近些年诉讼法学界异议较多,争议颇大的问题之一。现行民事诉讼法虽对之进行了较具体的规定,但仍有一些理论及实践中的问题值得我们认真地探讨。一、无独立请求权第三人的概念关于无独立请求权第三人的概念,一个长期占据统治地位的观点认为:“无独立请求权第三人,是指对原、被告双方争议的诉讼标的没有独立请求权,但案件的处理结果同他有法律上的利害关系,而参加到已经开始的诉讼中来的人。”①显然,“案件的处理结果同他有 The third party without independent claim is one of the more controversial and controversial issues in the procedural law circles in recent years. Although there are more specific provisions in the existing Code of Civil Procedures, there are still some theoretical and practical problems that deserve our careful study. I. The concept of a third party without independent claim As to the concept of a third party without an independent claim, one view that has long been dominant is that “a third party without independent claim refers to a dispute over both the plaintiff and the defendant The subject does not have an independent claim, but the outcome of the case has a legal interest in him and participates in the proceedings that have already started. ”1 Obviously," the outcome of the case is the same as the one he has