Interest Of Litigation In Civil Action

Interest of litigation originated from the theory of civil action in continental law system. Since the 19th century, with the gradual maturity of the capitalist system, the economies in various countries have entered a period of rapid growth. With the increasing economic contacts, disputes between civil subjects show an increasing trend and it is impossible for limited judicial resources to deal with the sudden and substantial cases. In order to protect the litigation rights of parties while maintaining the rational use of judicial resources, interest of litigation system emerged as required. However, in the face of today's tremendous social and economic change, the theory of modern civil action give interest of litigation the new feature to create substantive rights, so as to make up the defect that the rights of the parties cannot be protected by laws because of the limited nature of legal norms. Based on above two functions of interest of litigation and combined with the reality of China's civil action, this thesis presents that the introduction of interest of litigation is an effective way to solve these problems in China's current civil action, which is faced with a lack of judicial resources in Court and entity law not meeting the resolution of real disputes. In addition, in terms of the model of civil action, there is also no doubt that the establishment of interest of litigation system will play a positive role in promoting the China's conversion from the authority litigant mode to the party litigant mode.The main contents of this thesis are as follows:Part I: the summary of interest of litigation in civil action. In this part, the appearance, content, nature, function and essence of interest of litigation are introduced. Based on the analysis of two meanings of interest of litigation, the dual functions contained in interest of litigation are revealed, namely, the "weights and measures" of dispute for litigation and the creation of new civil rights for making up the vulnerability of substantive rights. In turn, the essence of interest of litigation is explored and reveals that the interest of litigation should be recognized from both aspects of the parties and the Court.Part II: the existing problems in China's civil action are analyzed and the role of interest of litigation in promoting the establishment of party doctrine litigant mode is discussed. In the process of case acceptance, the interest of litigation will have a positive effect on the implementation of "disposition principle" of parties, the scope of civil action accepted by Court, the formation of civil action' purpose as well as the protection of the rights of subject of action.Part III: the evaluation criteria for interest of litigation in civil action. After the establishment of interest of litigation system, there must be a viable basis for determining the interest of litigation in specific case. Interest of litigation must be based on the value of litigation, as the litigation without value will be impossible to mention the issue about interest. Through the analysis of the values of both subject and object in the area of philosophy and their actions with each other, it is concluded that the acquiring of subject interest is the fundamental requirement to achieve value. In that case, the acquiring of interest of litigation subject is also the foundation of achieving the value of litigation. More importantly, in the comparison of subject interests between the parties and the Court, the achievement of the value of litigation should satisfy the interests of the parties, because of the dominant position of the parties to the Court. It can be seen that the interests of the parties are the primary considerations. Evaluation of interests for the parties should be based on two standards of the principle interests and the interests recognized by public. In other words, it is necessary to conduct general evaluation for interest of litigation in case from the point of view of following the law and the actual needs of the community.The author thinks that rather than putting breakthrough of the reform of the civil action on the treatment of litigation and other social relations, it is better to strengthen the concerns about civil action system itself, improve the litigation system and excavate the potential of the system itself. The establishment of interest of litigation system is an attempt to find way of reforming civil action from the internal litigation system.