On The Capacity Of Civil Lawsuit

There is no special provisions of capacity of sue in our Civil Procedure Law. Causing the provisions in judicial practice process, prone to some special circumstances, lead to the judge in specific treatment can not depend on is unable to reach capacity without litigation legitimate rights and interests of the target. This paper is divided into five parts, systematic introduced capacity of sue for civil litigation system, and ability and related system by summing up and analysis. And through the analysis about the system in other countries, the provisions of capacity of sue improvement put forward concrete Suggestions.The first part is civil action capacity system overview. First introduced mainland legal system, respectively, the former Soviet union and the Anglo-American law system about the capacity of sue in China, analyzes the definition in the definition of the existing problems. Secondly, on the basis of capacity of sue system is discussed. Third, analyzes and discusses the capacity of sue in the significance of civil lawsuit.The second part is the capacity of sue and similar to the comparative analysis between the concepts. First of capacity of sue and civil action capacity compared the differences, and pointed out some scholars misuse. Next to the capacity of sue and debate ability is analyzed and compared, the main differences of different law countries due to different litigation system.The third part of the division standard of capacity of sue was analyzed. Firstly summarizes the Germany, Japan and Taiwan in civil procedure law about the civil action capacity of standard, then divided our country civil procedure law are emphatically analyzed about the capacity of sue on the division of division method, and in the light of the civil procedure law of our country present stage is different about the capacity of sue analyzed the division, and points out that the our country civil procedure law on the system still need improvements.The fourth part analyzes the lack of capacity of sue in the parties on how to deal with when the program. Because our country civil procedure law legislation in this aspect is still in blank, so this chapter basically through different stages in the lawsuit the lack of capacity of sue appeared, the court how should forward some new views on the deal.The fifth part is the perfect our country's civil action capacity system Suggestions. Mainly include the suggestion system of capacity of sue the provisions of procedure, made clear the personnel litigation in regulation, clear lack of ability to the provisions of the litigation ability, expand the scope of people without litigation ability, etc.