Theoretical Study Of The Concept Of The Civil Parties

The theory of the party is traditionally considered as one of the three footstones of the civil procedure law theories. It is valuable either for academic research or for practical application. Also it can help resolve judicial problems. And the concept of the party is the core and jumping-off point related to the party research because it is the base of the party theory. So correctly defining the concept and building corresponding civil procedure system according to the concept are necessary for theory and practice. Thus the article researches the concept of the party including what is the party, what system reforms would be brought by the new concept. The article contains four parts:The first chapter in the beginning studies the history of the party concept and points the history includes two parts :one is according to the direct advantage and disadvantage party theory; another is according to right -protecting party theory. After comprehensively reviewing the concept history, we can see the two parts have mistaken the just party for the party. This reflects that the civil procedure law clings to substantial law. Next the article reviews the party concept in China civil procedure law and draws the conclusion that the concept doesn't accord with modern procedure ideals and the progress of judicial practices.The second chapter emphatically reviews the party concept of civil procedure in Germany Japan France England America the Soviet Union and China Taiwan in regard to comparative law. After comparing these countries and districts, we can see in many countries and districts the party concept means party in procedure and the just party concept has come into being to distinguish the parties joining the lawsuits. In addition some countries prescribe the exchange procedure for the non-just party.The third chapter gives suggestions about the reform of China party concept. We should differentiate between the party in procedure and the just part. And we should establish the two party concepts. The theory of interest in lawsuit should be the standard to judge the just party.The finally chapter talks over the system reforms of filing an action. So the action begins at the time the party brings a case to court instead of the time the courts reviews and accepts the case. And China should establish the change system for the non-just party.