Litigant Suitable Theoretical Research

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 just party is the core related to the party research because it is one of the base of the party theory.In the modernization of civil procedure law in various countries,almost every great change is due to the cooperation and response of the party system.Therefore it is the proper party theory that has been the emphasis of civil procedure law research and the foundation of perfecting the civil procedure system.The beginning of the whole litigation on procedure is because of the proper party's act of sue in procedure law.Being the one to start the litigation procedure,the proper party's importance should not be ignored.As a result the theory and procedure of proper party research has some blind zones, and is lack of systematic and operability.The origin intention of this article is to confront the qualification of just party in civil procedure,to make theoretical analysis on just party qualification,to draw lessons from legislation experience of foreign countries,to anatomy the shortage of present provisions in our countries,and foregoing based to restructure the system of proper party qualification in our country's civil procedure.The article contains four parts:The first chapter as the beginning of the whole essay,locates the proper party concept and macroscopically gives a sensible understanding of the qualification.In order to give us deep understanding of system,the author will analyze the theory basis of proper party qualification reconstruction,and embody the legitimacy and necessity of the research.In the end of the part,the author differentiates some likely definitions,e.g.litigation ability,as well as further the understanding of proper party by transverse comparison.The second chapter firstly take the nature of the proper party to analyze,and then emphatically reviews the proper party concept of civil procedure in Germany,Japan,France,America 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 proper party concept has come into being to distinguish the parties joining the lawsuits.The third chapter talked over the basis of the proper party.This chapter includes two parts.The first part is about the relationship of the proper party and the right of litigation.And another one is about the relationship of the proper party and the interesting of litigation.And through the two parts to investigation the theory of management right and the theory of the interesting of litigation.The finally chapter,as the most important part,it analyze the proper party in the representative litigation.After comparing the proper party in the representative litigation in Germany,Japan and America,the writer suggests to build the system of the proper party in the representative litigation in our country.