Expansion Of The Main Qualifications In Civil Litigation

In our country's market economy increasing development of today, the law modernization process also obtained the development, but increasingly appear new situation makes the law in real guts to appear some before, which we need to constantly enrich and perfect the corresponding theoretical content and judicial practice level. State respects and safeguards human rights protection, the more vulnerable members' lawful rights and interests. In real life, a nameless ranger in the car accident, for no one generation after the litigation raises questions about what the plaintiffs main qualifications problems, namely, who qualified take civil action. In judicial practice, happened the same case, however this different court made different sentence, this also is in society and theory and the judicial practice sparked controversy. So the purpose of writing this article is to analyze the current theory and the judicial. Practice on the basis of subject qualification, probes into the problem of the optimum lattice, and puts forward some ideas and Suggestions. This paper is divided into four parts.The first part firstly introduces two different cases, for judgment instead of civil affairs bureau to court for nameless rangers compensation claims for two court made different sentence, the people's court reject the Gao Chun litigation claims, and the city of Yichang Wu jiagang people's court house is supported the original lawsuit. The case of the controversy over whether lies in civil affairs bureau qualified prosecuted and who is suitable lattice the plaintiff who.The second part introduces civil litigation subject qualification in legislation, practice and theory of the status. Based on the different interpretation of laws and regulations, to practice the same case made different sentence. In theory, it is traditional as litigants and developing litigation take-on theory, especially any litigation take-on theory applicable development. Again, many scholars also through to the public welfare lawsuit discussion, expand the scope of litigation subject qualification, expand the scope of subject to protect rights.The third part is emphatically discussed litigation take-on theory of arbitrary litigation take-on status of development. First talked about any litigation take-on theory in countries recognition and the development, from any litigation take-on definition to its constituents, then based on the analysis of nameless rangers case from the main body, interest relations and main area three Angle to argument analysis, try to make civil affairs bureau and procuratorate as optimal lattice civil litigation subject.The fourth part puts forward some opinions and Suggestions, protect the rangers disadvantaged groups such as the legitimate rights and interests of the suggested relaxing subject qualification, constitutive requirements of providing access to procedural channels, By constructing the public welfare lawsuit mode, in order to perfect our country's litigation system, enlarge the scope of legal remedies, safeguard the legitimate rights and interests of the realization.