On Specific Litigation Succeeding

With the continuous development of market economy, transactions betweenprivate parties becomes more frequently. It also gives civil substantive law,Legislation and Civil Procedure Law of the system design has brought new challenges.Parties in a civil action lawsuit is a legal relationship between the department will bethe subject of litigation transferred to third parties outside the case referred to specificlitigation succeeding. Retroactive civil law and civil procedure law trajectory, fromthe Roman law’s strictly prohibited from, allowing the transfer of experienced here,litigation demise stage, the parties to the present litigation constant succession. Thepossibility of transferring the subject of litigation legal relations problem has gonefrom prohibition to permission, and then to the procedural safeguards of course. Thesights country, according to the provisions of the Civil Code, is still in litigation rightsand obligations of the entity does not prohibit the transfer, cover civil law sanctionsfor respecting private rights, the protection of the purpose of the transaction have thisfreedom of design. But this does not make the Chinese Civil Procedure Law hasspecific provisions generally applicable significance, which resulted in the plight ofjudicial practice. The author believes that the development of a civil action not only tofollow its own independent value and theory, but should converge with the civil entitywears solve the real problem. In this regard, the thesis studies and analyzes, followingthe concept of specific litigation succeeding, the legal effect of the parties and thecivil law’s Constant party doctrine and Litigation inherited doctrine, combined withChina’s actual situation, a number of programs designed to make their ownsuggestions for specific action to build our particular following some suggestionsmade by the system. This paper is divided into three chapters: The first chapter is an overview of specific litigation succeedingThis chapter begins with an introduction of specific litigation succeeding, andthen research the basic premises of specific litigation succeeding. Then, research onthe basis of specific litigation succeeding. Discuss the necessity and feasibility ofspecific litigation succeeding from the perspective of litigation department and theparties rights guaranteed. The feasibility of the establishment of the system is belowthe theoretical basis and our expanded.The second chapter refers to comparative research with specific litigationsucceedingCurrently, civil law countries deal with specific litigation succeeding followingtwo main legislative model, include Constant party doctrine and Litigation inheriteddoctrine. While Taiwan follows the Constant party doctrine, has its own uniqueinnovations. By comparing the foreign-related legislation, analytical background, aswell as deficiencies in the system are two reasons for the legislation, provide a usefulreference for the establishment of appropriate systems in China.The third chapter refers to the introduction of specific litigation succeedingThis chapter first start by a concrete case, further argues that China’s judicialpractice does have specific litigation succeeding. However, the relevant judicialinterpretation has limitations which will cause confusion of judicial application. Then,I shall be able to discuss the rationality of specific litigation succeeding. Be analyzedfrom the perspective of civil law, and based on the current situation of our country todiscuss what system should be adopted. When references to the relevant system, weshould make the system design combined with China’s actual targeted. Focus onprocedural rights protection, given appropriate means of relief, and earnestlysafeguard their legitimate rights and interests.