Research On Discretional Undertaking System In China

Discretional Undertaking theoretical significance is that people can make originally not litigation prosecution or litigation,make originally discomfort parties become parties to the children,but entities litigious rights and obligations are still exists between the direct interested party.Civil litigation aims to protect civil rights and solve civil disputes.The main subject of civil litigation is the right of litigation and the obligation of litigation.It is an important value of civil litigation to make the main subject of civil litigation to achieve the litigation purpose fully and freely through civil litigation.Litigant fitnessis directly related to the basic question of civil action should be conducted between whom,in order to effectively resolve disputes.And litigation take-on theory is a new form of expanding the traditional litigant fitness theory,refers to the third person of the subject of non-entity rights and obligationsspecifically,to replace the rights and obligations as the subject of litigation in his own name.In the litigation system,the third party can obtain the right of enforcement of this lawsuit,which can be based on the law,or the authorization of entity rights and obligations.The former is called "legal action" and the latter is "arbitrary litigation".The system of litigation is consistent with actively looking for parties of the modern civil procedure law,to effectively solve the disputes of value pursuit,therefore,in continental law system countries,the research on litigation is rich in theoretical achievements and institutional Settings.In the system of lawsuit,litigation take-on for people in its own name as a party in the proceedings,therefore,therefore,the action of the litigant is different from the litigation agent,which belongs to a lawsuit.However,any lawsuit is not received due attention in the theory of civil litigation in our country,which is mainly due to the influence of the traditional interests.The responsibility of any lawsuit is not only to perfect the system of the parties and to protect the rights of the parties,but also to enlarge the function of judicial settlement dispute,which is beneficial to realize the purpose of litigation economy.Especially for modern of the dispute,discretional undertaking but also plays an indispensable role,therefore,the study of the system to perfect our country discretional undertaking is of great theoretical and practical significance.Based on the analysis of the research the basic theory of discretional undertaking,on the basis of comparing the discretional undertaking applicable situations both at home and abroad and attempt to induce discretional undertaking in procedural law on the constitutive requirements,for more may appear in the specific case any litigation take-on system provides the legal basis and logical support.