| The theory of the party is traditionally considered as one of the three footstones of the civil procedure law theories. It is valuable either for academic research or for practical application. Also it can help resolve judical problems. Proper parties and civil litigation is initiated civil proceedings and resolution of civil disputes the premise, who is only identified cases of proper parties to make the whole trial process meaningful, the paper intends to distinguish between the parties and the parties that the concept of fitness grid Basic issues of, and by comparing the various countries and regions from the parties to an grid system, to the parties on China's grid system suitable for comparison and analysis, with a view to the parties for the reconstruction of an offer modest grid of the power.Besides introduction and conclusion, this article is divided into four chapters.Chapter one is the parties on the theory and doctrine, the first by comparing the methods Analysis of the appropriate parties and the parties lattice two different concepts, clearly pointed out that this paper is to correctly distinguish the standpoint of the parties and the parties proper, on the basis of further retrospective The theory of the parties in different countries and regions in the course of historical development, comparative law from the perspective mainly inspected Germany, Japan, the United States and Taiwan region of the civil parties, from the comparison of the many countries that now the civil law of the parties Procedures are taken by the parties to the concept of fitness grid on the parties have taken the judgement is against the interests of standards.Chapter two focuses on the parties Proper theoretical basis, the study found that in theory the parties in the development of the appropriate parties to the grid after a theoretical basis from the management right of appeal said that the interests of the process, the management of the parties as a judge proper or not the standard theory is the traditional practice of the parties, this theory has its own drawbacks, and the interests is better to expand the scope of the parties proper, with the litigation needs of modern society, the paper advocated in China. The civil parties against the use of the interests of doctrine, to appeal judgement in the interests of the parties proper standards.The third chapter is the parties an expansion on the grid, through comparative analysis of the methods on the current countries in the world in legislation and practice of the parties to an expansion of the grid system, including litigation to play, the litigation trust, and the United States, Germany, Japan and China groups, such as litigation system, all kinds of advantages and disadvantages of the system can become our theory and practice in the sector clients from an expansion of the grid.In the fourth chapter, based on an analysis of our clients grid system and deficiencies of the legislation in theory, the parties and the parties proper no distinction between the concept is a fundamental issue in the legislative and judicial in more By entities subject standard, that is, more than a "direct interest", this practice has been lagging behind the needs of the times, can not adapt to the expansion of the main civil law, so in this section, the author proposed theoretically reconstruction parties proper Theory, the parties to adopt procedures of the parties, the parties v. Proper use of the interests of criteria for judging, as a theoretical basis for improving public interest litigation prosecution system, with a view to meet the current demand for increased public nuisance litigation. |
