On The Reflection And Perfection Of The Specific Litigation Succeeding

In the civil proceeding,when one party transfers the rights and obligations which are related to the object of procedure to the third party,how should the proceeding go on? The specific litigation succeeding system is an effective method to solve this difficulty,which means that the procedure moves on and the subjective scope of Res judicata should expand on the successor.There are big differences between the legislations of different countries and districts and the main legislative models are litigant constant and legislation succeeding.In China in 2015 the promulgated “the Supreme People’s Court On shall apply to the People’s Republic of China Civil Procedure Law of the interpretation ”had made legal regulations on this problem.Our civil procedure takes the invariability of parties as primary principle and successor in litigation as secondary principle.It shows that China is starting to explore the construction and improvement of the specific litigation succeeding system,which is suited to our civil legislation.This paper tries to rethink the current legislative models of the specific litigation succeeding system deeply so that it can provide perfect procedure design and institution safeguard.There are five parts in this paper.Part1: Several kind of values the specific litigation succeeding system in seeking and theories which are used to structure the specific litigation succeeding system,which will provide standard and reason for the structure of the procedure and system of the specific litigation succeeding.Part2: Summarize the substance and characteristics of several legislative models of the specific litigation succeeding system and then analyses their defects,including the litigant constant in Germany,the litigation succeeding in Japan,and the modificatory litigant constant in Taiwan(province).There are three questions: Firstly,what are the connotation,component and effect still remain unclear;Secondly,the procedure design of the specific litigation succeeding is imperfect;Thirdly,the guarantee system of the specific litigation succeeding is not sound.Part3: Analyze and summarize the connotation,component and effect of the specific litigation succeeding.Then discuss the premise condition to apply the specific litigation succeeding,which is that the successor knows the litigation dependence when he succeeds the rights and obligations related to the object of action.Addition,the specific litigation succeeding means that the successor should succeed the litigant actions and conditions which the former litigant had made.Besides,the Res judicata should be expanded to the successor.Part4: This part expounds the regulation of examination of the specific litigation succeeding,the means of joining in the action for the successor and his position in the litigation,the rights and obligations of the each party,the litigants quit from the lawsuit.Part5: This part divides the guarantee system into two parts according to the datum point.The guarantee system before the datum point includes preservation and advance execution,litigation inform and authority notice,objection registration and litigation dependence registration.The guarantee system after the datum point contains damage action,the third person execution objection lawsuit and the change or addition of the parties in the civil execution.Lastly,simple summarize the study of the specific litigation succeeding,which include the necessity and importance.The study of the specific litigation succeeding can not only make significance effect on the study of other essential system of the civil litigation,but also can make sense in improving the research technique of the civil litigation theory,combining the study of the substantive law and the procedure law.