On Institutionalized Reform Of The Principle Of Supporting Litigation In China

The principle of supporting litigation in Civil Procedure Law of China is to protect the civil rights of the victim, particularly social vulnerable groups, advocating agencies, social organizations, enterprises and institutions to provide assistance to the injured party. Supporters can help to compensate the injured party's lack of litigation capabilities, protect the litigation status of substantive equality and encourage the injured party to use the law to safeguard their rights and interests. However, the principle of supporting litigation is of little use in practice, because of the lack of systematic and definite regulation, leading people to question the reasonableness of its legislation. This article is certain of its legislative purpose, suggesting making an institutional research on the principle of supporting litigation. It will be meaningful to make the principle into practice.Introduction part of the article mainly discusses different opinions about the principle of supporting litigation and put forward a point that this principle should be institutionalized reform to adapt practice. Chapter II introduces the relevant laws of the principle of supporting litigation and defines its meaning. By discussing changes of the legislative background and practice, this article points out that it can not able to meet the needs of practice as a principle. Chapter III first discusses its shortcomings as a principle, and suggests a solution, which is discussing differences between principle and system and making specific provisions for the principle of supporting litigation. Chapter IV discusses three aspects of the significance of the principle of supporting litigation, which are the realization of the right to appeal of vulnerable groups, safeguard the public interest and the promotion of democracy and justice. Chapter V proposes borrowing the advanced concepts from foreign-related system to construct the system of supporting litigation. First of all, comparative analysis on similar systems has been made to propose some advanced rules to refer. Then, the design idea is establishes on this basis of comparative analysis. Finally, this article discusses the subject of supporting litigation, their legal status and the way to support etc.