The Legislation Building Of Pseudonymous Litigation

Although the civil litigation system does not provide for a public hearing in the system have been more perfect, but with the distal end of the society and the anonymity of development, the demand for pseudonymous litigation has become a topic of concern we have. However, due to the "People’s Republic of China Civil Procedure Law" Article 119 and 121 pairs of prosecution conditions and provisions of the complaint are more stringent; the real name of judicial proceedings is the iron law practice. Thus aggravating the research status of practitioners and theorists are very little pseudonymous litigation. In this case, the parties a certain extent, determine the rigid system of practical application, hindering the implementation of the right to sue the parties violated the parties’ right to privacy. We are talking about the right to appeal the court’s The parties requesting relief "key", not because of The parties in the "key" Insert "keyhole" in the veil when blinded by their appearance, they deny the parties "key" certainty. In order to maintain the other the parties to give up the right to sue in exchange for the right to a legal system is not perfect performance.Compared to advocate the practice of rational common law countries, parties to a dispute to face some reason is not easy to disclose sensitive name or title, or exhaustive method does not know the name or the name of the other party, but still be able to determine the identity of the parties to the case, after the Court of Appeal by the permit, they can be prosecuted under false title or the respondent. This practice is a powerful and flexible use of the parties to determine the protection system based on the parties the right to sue. Faced with the same kind of social disputes, expect anonymous litigation system common law countries could become China’s civil lawsuit can attack jade stone hills.Through the social status quo, theory, analysis of foreign law, is intended to demonstrate the necessity of pseudonymous litigation, rationality and feasibility. However, after all, is an exotic pseudonymous litigation, in order to facilitate research, the article made an pseudonymous litigation preliminary definition, analysis and distinguishing characteristics and related concepts. Pseudonymous litigation system is essentially the parties to determine the system’s flexibility, look at the law’s major countries and regions of the two legal systems, the real-name suit each country basically accepted the request, but in respect of the common law system of practical reason, pseudonymous litigation system precedents in place and also increasingly well developed. Social situation of our country is also facing the need for pseudonymous litigation and the "guidance Jiangxi Province Higher People’s Court Issues Concerning the Trial of medical injury compensation dispute case" has taken the lead on this issue gives a groundbreaking solution, "people’s Republic of China criminal Procedure Law" is also not aware of cases of criminal suspects and defendants real title and address of the provisions made. So to build anonymous litigation system for our country is very necessary. On the basis of an anonymous article on building litigation system proposed. To pseudonymous litigation system can also become a country parties and the courts in resolving similar cases of "failure looms" in the "vista."...