Study On Part-lawsuit Of Civil Litigation

Part-lawsuit has been researched deeply in civil law system areas such as Germany,Japan and Taiwan,while it occurred in Mainland without been given enough attention. Presently, there are few of dissertations with topic of Part-lawsuit and much of confusion in the operation of justice activities. Based on the situation above, the author is willing to re-orient Part-lawsuit and take it as the basic reference to deal with the related affairs, through attracting enough attentions to this dissertation, in which the Part-lawsuit Procedure has been discussed thoroughly.It's impossible to demonstrate the Part-lawsuit completely by a finite article,as it's such a complicated issue. So the author focuses her stress on the several problems most closed to Part-lawsuit Procedure.This article has five sections besides introduction and conclusion,with more than 40,000 words in total .Here is the abstract below.PartⅠ. Summary of Part-lawsuitSeries of problems are inspired by Part-lawsuit Procedure to distinguish it from Repeat-lawsuit, sequential injury compensation-lawsuit, misuse of right-lawsuit, and lawsuit. Then Part-lawsuit is set as the theme of this article. Then the discussion continued with the related jurisprudence of Part-lawsuit and gives a detailed statement to the connection between Part-lawsuit and the basic theories of civil action, including value, intention, right,and FVJ theory of civil action. As there are such close relationships between them, and the different standpoints to these basic theories are also working on the attitudes to Part-lawsuit Procedure. Therefore,instead of connecting it to a certain theory, it is necessary to discuss and state Part-lawsuit as a section of basic theory system of civil action.Only in this way,Part-lawsuit can be understood and mastered totally.PartⅡ. Scan & Research of Foreign Part-lawsuit theory and caseThis section includes a brief introduction of the theories in Taiwan and several countries where Part-lawsuit has been discussed deeply, and the review of case evolvement, as well as the pertinent comments to the advantage and disadvantage of these theories to lead the discussion of theories'availability in China. PartⅢ. Research of Part-lawsuit theories and analysis of related prescription in ChinaThis section mainly introduces the present research to Part-lawsuit in China and analyze it according to the related laws and judicature explanations. It's unilateral to conclude our attitude for Part-lawsuit from a certain position as we have conflicting attitudes from legislation, judicature explanation and implementation. The ambiguity of attitudes in Part-lawsuit legislation and inconsistency in implementation are causing confusion to our judicature development and doubt from party to the justice authority. That's why we have to seek for the suitable solution according to our actual situation, but not simply"bring-in".PartⅣ."Totally affirmation theory", the adoptable theory to Part-lawsuit in China"Totally affirmation theory"is demonstrated theoretically and practically to be the right choice for Part-lawsuit in present China. Theoretically,"Totally affirmation theory"should be adopted to implement the value of justice, intention of right-protection, respect to party's lawsuit-right,theory instruction of lawsuit object,and theory establishment of FVJ;In real operation, even Part-lawsuit brings extra load to court judgement, it should not be prohibited due to present status in China,including the party's lack of knowledge of law, high standard of lawsuit, and it would not break the benefit-balance between the parties.PartⅥ. Proposals to the implementation of"Totally affirmation theory"Several valuable proposals are submitted to the implement of"Totally affirmation theory"to Part-lawsuit in China. Judges should make necessary explanation to demur or counter claim raised by defendants, and accusers can add new lawsuit requested by the end of court argument. Judges should enrich the judgement of first lawsuit. Additionally, the author brings suggestions forward to the relevant issues,such as interregnum of effectiveness, standoff,and domination level.