| The theory of children is the basis and premise of litigation take-on system development, for the purpose of civil litigation to resolve disputes. People on both sides of the civil litigation shall, in general, is opposite in the middle of the legal relationship and legal proceedings, the equal civil rights and obligations, at the same time, the two sides in the framework of civil procedure of the subject of litigation represents their interests and their own interests. Litigation take-on system in our country there are lots of problems in the process of judicial application, compared with Germany, Japan, the research started late, the theory system is not perfect, need to learn from theoretical research and judicial experience, outland limited group lawsuit system such as Germany and Japan admitted to expand any litigation system. In recent years our country to bear type cases increasing reality, introduced the corresponding laws and regulations, to expand the range in the litigation take-on system in judicial practice. Article through the analysis of practical cases, from the children, points out that the system of litigation bear on the problems existing in the judicial practice, and through the analysis of theoretical research and judicial practice experience at home and abroad, in order to promote the improvement of the system of litigation take-on, puts forward the introduction of group lawsuit system, the judge’s judicial activism, perfect the related legislation suggestion. |
