Litigant Legal Analysis

Among the civil procedural theories, the theory of litigious right is an important characteristics of the outlook and developmental status of the whole litigation system, though it is not an essential civil procedural theory, as those of the litigation object, litigant, and validate force are. The reasons fell into two categories. On the one hand, as the concrete evolution and extension of the litigant right, whether or not the litigant can enjoy sufficient and adequate litigious rights, or whether or not the litigant's rights can be guaranteed, may directly decide whether the litigant's substantive interests can be protected through the operation of the litigation procedure when he enters the litigation procedure. That is to say, the litigious right is directly related to the reflection of the substantive authenticity in the litigation procedure; on the other hand, judging from the respect of human subjectivity in the litigation system, the developmental status of the litigious right directly determines whether or not the litigant's reasonable procedural interests can be protected effectively in an all-round manner, through proper approaches, and then determines whether or not the procedural requirements of the principal participants of the litigation, or the litigant, is attached with sufficient and adequate institutional concern and emphasis, and whether or not the subjectivity of the litigant is sufficiently and adequately respected and displayed. Therefore, the litigious right of the litigant are related to the technical rationalism, which reflects the civil procedure institution, and to the value rationalism of the civil procedure institution. So far as the related research status is concerned, in the continental legal system countries, the concerns of the litigant's rights are principally concentrated on the researches of litigant right. In other words, researchers principally put their interest in "for what the litigation is initiated", while the research on the litigious right is comparatively weak and unsystematic. From the private law litigant right theory to the public law litigant theory, different litigation concepts can be found in different historical stages of the complicated evolution of litigant right theories. So far as the developmental status of the litigant right theories is concerned, the research of the substantive connotation of litigant right is being gradually lightened, while the relationship between the litigant right and the citizen's public legal right is increasingly emphasized and concerned, and the interest range of the litigation object tends to be gradually expanded. However, no matter to what extent the litigant right theory is developed, it only provides solutions to the issues such as the definition of the opportunities and likelihood of the citizen'slitigation, and what the appropriate aspects of "litigation" are, etc., and does not directly cover what the concrete procedural rights the litigant can enjoy when he enters a given specific litigation procedure. In other words, toward the rights of the litigant, litigant right does only mean "procedural entrance right", or a "stepping stone" to open the gate of procedure, whose value is principally embodied in the abstract ideological level of ensuring the citizen's right to acquire judicial aids. The litigant right theory can not provide solutions to the questions such as, after the start of civil procedure, how the litigant should be treated, what litigation means he should be endowed with, and how to ultimately realize the possible interests embodied in the litigant right, by the operation of the litigation procedure. Therefore, it is necessary to set up a "bridge" between the litigant right and the realization of the litigation object interests, and this "bridge" is litigious right The litigious right theory here provides important complement to the litigant right theory, thus successfully forges a chain of "litigant right-litigious right-substantial rights", aiming to ensure the litigant to realize his substantial...