Rearch On Litigation Trust

The litigation trust is a system of parties，Its purpose is to make the trustee in theproceedings in their own name after granted substantive rights，Eventually benefit belongs tobeneficiary. Litigation trust is combined with the civil law theory and the trust of the theorywhich called " the crown of pearl of common law"，it expanded the parties for provides newtechniques.The theoretical significance of litigation trust is to overcome traditionalconservative party theory and make the trustee who hasn’t action rights in its own name for alawsuit. And in the judicial practice, litigation trust can provided new solution to groupdispute and to private interest litigation, to provide power to solve the civil action Executionproblem.Besides，litigation trust needs to transfer substantive rights, which can avoid thesubstantive right and litigation rights separation and may result in being sentenced to force thethreat of the stability and suitable for the parties, the impact of the foundation.The difficulty isthat countries on litigation trust is a negative attitude. There wasn’t much discussion of thelitigation in the past. In recent years, with the changes of the judicial practice, the litigationtrust has been paid more and more attention, and Japanese academic point is representative.This article take the transverse comparison method, the put across foreign attitude towardslitigation trust, and the negative reason, feasibility, legislation in this paper.At last, the articlewill analyze the necessity of litigation trust and its rationality boundary with the reality of ourcountry.Thesis consists of4chapters. The main contents and opinions of each chapter arediscussed as followed:The first chapter presents the different points of view of litigation trust. This paper willdefine litigation trust as a technique for the expansion of the parties and with procedure law,trust law two fields from the point of view of the general analyzing its feature. In addition thechapter relates concepts such as litigation surrogate, litigation take-on carries and analysisthem. At last Litigation trust is deduced the relative rationality.The second chapter presents parties theory and concludes that the rationality of litigationtrust based on the generalized management rights. For the right type of substantive law doesnot provide for the management of social organizations. The chapter defines the right todispute management as a theoretical basis for litigation trust because it is more reasonable than any other theory.The third chapter presents the reasons why mainstream view of Japanese scholars deny therationality of litigation trust and reflect on this point of view. Besides, provides the views thatagree with the litigation trust theory, and prove that litigation trust is reasonable because notonly the legitimacy from the purpose of the system of civil procedure but also the partiesrights protection theory. Finally, the chapter explain the theory of abroad to establish thereasonableness of the scope of the litigation trust.The forth chapter presents divided litigation trust into private interest and group typeLitigation Trust, each type is discussed respectively. Private interest litigation trust istemporarily not feasible because of the feasibility, on the other hand, combined with foreigncountries and China’s legislative instance, litigation trust is playing an active role. Finally, thechapter provides the idea for building Chinese group litigation trust.