The Interests Of Civil Appeal

With the rapid social economic development and awakening of our citizen's sense of right, various disputes pour into the courts such as the case of "kissing right", "mourning right" in recent years. The judicial officers find it such a difficult problem to judge these rights in the judicial practice because there are no relevant regulations in substantive law. Therefore, the interest of litigation, which is the traditional concept in the civil procedure law, catches the scholars' attention and the scholars have a lively discussion about it.This thesis begins with the character, the function, and the kind of the interest of litigation, and study the interest of litigation on the possibility of the legislation for it, the application in the judicial practice and the judgment about the interest of litigation in the case.This thesis consists of four parts as follow:Chapter 1 describes the interest of litigation in civil action in outline, and introduces the origin and development, the concept, the kind of it. The author indicates that the interest of litigation is the necessity for the court to apply the civil action to relieve the person whose civil right is violated by other people or who has disputes with other people. Meanwhile, on extension of the interest of litigation, the author eliminates the repeating prosecution, unchangeableness of judgment, the preceding procedure, which are the independent system in the civil action.Chapter 2 is the research into the nature and the function of the interest of litigation. The author has the view that the interest of litigation should give consideration to the countries and the litigants' interest, and achieve a balance between them. In the modern society, the interest of litigation not only excludes the unnecessary action and the action without the justiciability, but also fulfills an active function that it can generate the right through the action in order to safeguard the litigants' right.Chapter 3 conceives that introducing the interest of litigation to China is one possibility, while there has no regulation on it at present. This chapter discusses the important part that the interest of litigation plays in the modern civil action, based on the connection between the interest of litigation and the right of lawsuit, the proper party, the civil jurisdiction. Based on the interest of litigation, this chapter explains the right of lawsuit, the proper party, the civil jurisdiction. On the contrast, they also enrich and broaden the scope of the interest of litigation widely.Combined with the situation of our country, Chapter 4 brings forward some suggestions about how to apply the interest of litigation in the legislation and the juridical practice. To speak exactly, we can consider using the experience of other countries for reference, and regulate the interest of litigation in the legislation. In the juridical practice, we can broaden the scope of the disputes brought to the court by lessening charge threshold with the interest of litigation, at the same time we can fix the proper party by the interest of litigation. The interest of litigation is examined in the course of case judgment.