Research On The Proper Party Ystem In Civil Suits

Parties are one of the main subjects throughout the civil process,parties are the keyfactors in Civil Suit Procedure for starting,Promoting and ending.Studying on partysystem can protect the right of action in maximumand,improve ability of resolvingdisputes through litigation. The traditional practice of identify the parties violates theconcept for autonomous litigation.so parties develop from parties interested,parties rightprotected,parties procedure and entity propered to procedural parties.At the same time,weshould establish the system of proper party.Thought comparative studying the system inother countries and regions,analyzing the situation in China and understanding thetheoretical basis and practical basis of the system,advances some opinions for perfectingthe system of proper party.The theoretical basis of the system of proper party is the right of litigation toimplement.It Includes the right of management and the right of disposition.But with thesocial development and scientific and technological progress,more and more dissensionsoccur,the right of litigation to implement could not protect the interests of the subjects innew type of lawsuit.So the interests of the litigation have been developed.In addition ourcountry has the institutional environment for the system of proper party and we can learnother countries and regions' successful experience in this system. Therefore it is possiblefor establishing this system in China. On the basis of studying the system,though test thesystem in experimental unit and legislate law about proper party,we can implement thissystem in our nationwide.So it is meaningful for studying and establishing the system of proper party. It isconducive to indemnify the thrifty litigation,avoid the meaningless civil suit procedure. Itis conducive to expand the judicature resolving disputes'function. The research on thesystem of proper party promote social harmony and development,improvement of thesystem of parties in civil litigation practice,and make significant value in the social effect.