独立参加包括权利主张参加和诈害防止参加,前者对应于我国的有独立请求权第三人制度,后者在我国立法上实属空白,但它对司法实践中多发的当事人恶意串通诉讼以损害第三人利益的现象具有预防作用。文章通过对大陆法系的相应制度进行考察,主张独立参加在适用范围上不以传统主参加或辅助参加的要件为限,而以防止诈害诉讼伊维护自身利益为限;在参加方式上采用全面参加,即第三人须以主诉讼原被告为共同被告;在当事人内部关系上,准用行为牵连规则;在审级设计上,规定第三人向主诉讼现时系属之法院提起参加之诉。 The independent participation includes the participation of rights claims and the fraud prevention and participation. The former corresponds to the third party system with independent claim in our country. The latter is a blank in our country’s legislation. However, it is against the vicious collusion action of multiple parties in judicial practice. The third party’s interest has a preventive effect. Through the investigation of the corresponding system of the civil law system, the article advocates that the independent participation should not be limited by the requirements of the traditional main participants or auxiliary participants in the scope of application, but should be limited by the interests of preventing the fraud prosecution from being limited to their own interests. Full participation, that the third party shall be the main defendant as the defendant in the original lawsuit; in the internal relations of the parties, the quasi-acts implicated rules; in the trial design, the third person to the main proceedings of the current litigation filed in the court to participate V.