Studies On Undertaking System In Civil Action

Undertaking system in civil action plays an important role in the field of civil procedural law science. Not only is it significant to perfect the litigant system , but it extends the function of settling disputes judicially. Especially to the modern lawsuit , undertaking system is indispensable .However, as far as for China , undertaking system doesn't get worthy attention. Except that some scholars mentioned it occasionally when they discussed other problems, there is not any specialistic study on it. So this paper is supposed to conduct a detailed research into the undertaking system in civil action theoretically and systematically. On the basis of this, the writer puts forward some advice about how to perfect it and other relative issues.The thesis consists of 5 chapters. The main contents and opinions of each chapter are discussed as follow:Chapter 1 presents the conception and types of the undertaking system in civil action ,and evaluates its function scientifically.Chapter 2 probes on the beneparty theory ,and introduces the origin of the undertaking system in civil action,then analyses the basis what someone relies on to become the proper litigant.Chapter 3 mainly makes a research into the different attitudes of the undertaking system in civil action abroad.Chapter 4 firstly describes the present situation of the undertaking system in China. Then reviews its advantages and disadvantages.Finally, analyses the deep reasons which lead to the current condition .Chapter 5 puts forward some opinions to advance the undertaking system in China.