Interest Of Litigation In The View Of Civil Substantive Law

Interest of litigation is a classic terminology of civil procedure law, it originated from the theory of civil action in continental law system. But it has not applied formally in the theory and practice of civil procedure law in China. With the reform of economic and cultural situation and the rule of law, all kinds of new disputes rush to the court. At this point, we are forced to use the interest of litigation to discern and protect these. In this thesis, faced to the status of civil procedure in China, I introduce the necessity and feasibility of the interest of litigation, and analyse its function and content from the perspective of the civil substantive law, then give some advices to establish the standards of consideration of interest of litigation.The main contents of this thesis are as follows:Part1:The substantive funcition of interest of litigation.This part give the definition of significance of interest of litigation, then interpretation it from the perspective of civil substantive law, combined with the existing articles of civil procedure law and some related cases of civil substantive law. And I introduce the necessity and feasibility of the interest of litigation, then reveal its function. Part2:Analysis of the contents of interest of litigation from the new perspective of the civil substantive law. It contains the principle,the purpose,the subject and the protection of object. Part 3:Constructions of the standards of consideration of interest of litigation. In this part,I describe the general consideration of the standards first, then establish the type standards in accordance with the civil substantive interests.In the end,I list some referenced factors when faced the complaints.The author hope that the introduction of interest of litigaton can solve the specific issue within the civil procedure system, and promote its better function.