Appeals To Change The System

The alteration of action is a very important theme in civil procedure law. But in our country, it has been ignored for a long time. The reason is as follow: under the inquisitive system, the parties have not any really litigation rights including the right of alteration of action. With the development and reform of the civil litigation institution, the adversary system has become a cardinal principle of civil procedure, which means the parties can dispose many of their own rights. Under this condition, people begin pay more attention to the alteration of action. This article centers on how to perfect the institution of alteration of action in our civil procedure law.The article consists of the following five parts besides the foreword.In the foreword, the waiter analyzes the immanency of study to the system. After having introduced the system, she thinks that with the transition of inquisitive system to adversary system, the defects of present regulation has become more and more obvious.Part I concerns the theoretic foundation of the system. The article points out that the alteration of action is the alteration of elements of action which includes the parties and the object of action. As regard to the object of action, the writer thinks the issue of "two embranchment" is reasonable. Thus the alteration of object of action can be classified the alteration of cause and the pronounce of action.Part II retrospects the history evolvement and construes the value of the system which include justice and efficiency.Part HI reviews the system of alteration of action in our civil procedurelaw. At the first, the writer points out that claim of action is a word having same meaning with the word object of action. Secondly, the writer points out the defects of present law lie in not regulating the types and the important elements of the alteration of action.Part IV suggests to perfect that system. And the methods are to regulate the types of alteration of action, to restrict the important elements of alteration ofaction.Part V expounds the methods to safeguard the smooth function of that system. The measures include elucidation power of judges, exchange of proof pre-trial, modem minds of action.