The Research On The Alteration Of The Parties In Civil Procedural Law

The system of the parties to alter, directly related to the neutrality of a judge cases of position, directly related to civil parties to participate in the main body of civil procedure issues, and influent the relationship between the parties right of appeal, safeguard the fairness of the trial court and the judicial authority.In the perspective of the right of appeal, to rebuilt the system of the parties to alteration, has positive theoretical and practical value. In addition to this introduction, this paper is divided into five parts outside.The first part, this thesis first introduce the basic concept of parties in civil procedural law. Make clear of the meaning, development and related doctrines of it, Furthermore, analysis the core elements of die richtige Partei:origin of the theory, nature of that concept and judging criteria of it, finally, introduce the system of the parties' alteration entirely. which is behind the foundation of research.The second part, introduced the legislative history and current situation of the system of the parties' change and combination of claim, analyze its existing system deficiencies and theoretical difficulties. First of all, assess the system of parties to replace in perspective of the legislative development, and analysis existing defects in related systems. On the part of combination of claim not only to exhibit the Legislative History, but also illustrate the different ideas in the academic community on necessary joint action system in the Civil Procedure Law of China. And probe the Classification of different circumstances of necessary joint action. and then analyze the plight of our clients an additional institutional theory, finally, as a whole, analyze the cause of the defect of the system of parties to alteration precisely,to create conditions for reflection and reconstruction.The third part describes the system of parties to alteration and related theory, introduced the common law and civil law systems' opinion and related theory on the system parties to alteration, assess the reasons for its existence, nature and inadequacies. which furnish information and reference for China to establish more perfect system of the civil parties to alteration. Fourth part discusses the relation between the system of the civil parties to alter and, protection of the right of appeal and the, the relationship between it and the value of subjectivity of civil parties. In the perspective of adversary system, we must take full account of the dominant position of the parties, the parties are given adequate freedom to choose civil procedures.we must ensure that the parties about their cases can be an impartial judge of the court confirmation. To ensure that the requirements of independence and impartialityPartâ…¤, on the basis of earlier studies,when we conduct a specific system in our country, principles of the system design, specific design solutions and other related systems are present.