On Civil Litigation Position Parties Proper

The parties proper theory,as the core of the parties theory,is of crucial importance to the civil lawsuit. With the rapid development of the society, modern civil cases appear ceaselessly and traditional parties proper theory cannot satisfy the needs of modern litigation. Therefore, to expand the parties proper theory has already been the consensus in the academic field. Position parties, as one kind of parties, first proposed by Japanese scholars, expressed as"position of parties", but it hasn't been focused in the academic field by far. Research on position parties proper theory is of great significance for two reasons: one is that, as a part of the parties theory, it is of great theoretical value for the expansion of the parties proper theory; the second one is that the discussion of the inevitability of emergence, meaning, litigant position and sphere of influence of the position parties theory is beneficial to the practice of the related litigation, making up the hysteresis quality of legislation, which has great realistic significance. In view of the theoretical and practical significance of positions parties proper theory,this thesis chooses"the civil litigation position parties proper "as the research focus.This thesis mainly consists of five parts.The first part, as the beginning of this thesis, analyses the meaning of the parties proper and defines its concept and nature from the origin of this theory as well as provides macro-explanation of this theory. Then it longitudinal reviews the history and development of the theory. From the physical parties proper theory to the program parties proper theory and to the expansion requirements of modern parties proper theory, the development of basic parties proper theory has been reviewed in this part.The main content of the second part: The urgent need to expand parties proper theory is a consensus in academic field. However, position parties as a kind of parties have not been paid attention to. This section discusses the inevitability of the rise of position parties and accounts the inevitability of the emergence of position parties and the necessity of the study on position parties theory from theoretical and practical perspectives.The primary content of the third part: The position parties proper theory is first proposed by Japanese scholars, but it has appeared in the civil lawsuit of Continental Law System long before. It can be found in the related provisions in many countries'legal systems. This part explores the legislation and research situation of the position parties in different countries through the introduction of relevant legislation of civil law countries and common law countries. The focus is especially given to the position parties in typical cases such as personal litigation, maritime and shipwreck litigationThe primary content of the fourth part: This section is the core of this thesis, which mainly further discusses the concept, subject scope, legal status, and sphere of influence of the position parties. It accounts the situations of prosecution, state administrative organs, social organizations and individual citizens as position parties respectively and analyzes the basis and advantages of the four main parties as position parties engaging in a lawsuit. In litigation proceedings, the position parties should in the status of the parties,but because of their special status, duties of the position parties must be fulfilled by the parties in the proceedings. The parties have no freedom to dispose. Finally, the possible emergence of counterclaim and the burden of legal costs when the position parties engaged in litigation are described in this part.The primary content of the fifth part: The last part firstly analyzes the theory of parties proper in Taiwan, Macao and mainland China, and states the inevitability of constructing position parties proper in China based on the statements in the previous parts, and then proposes the need for constructing position parties proper theory according the basic national situation of China, and proposes a rough idea of the situation of citizens, administrative agencies, prosecution and community organizations as the position parties.