Aidea About Change The Litigants Of Civil Court

the concept of experienced has a complex process:an interested party,rights protection, procedural and substantive double qualification procedure litigantand so on. With the deepening of research on the concept, the concept of procedurelitigant has been agreed by the Chinese and foreign scholars but, in the civil trialpractice it is important to establish correct concept of Party value. Although the partyhas not relations disputes between the inevitable requirement, but if the parties andlegal relationship did not correlate with any words, start the civil procedure willbecome meaningless. In judicial practice, on one hand because the parties legalliteracy is not the same and the dispute in the legal facts of the cognitive differences,on the other hand, because of the people’s court ’s review was limited to material afterthe finishing of very limited written materials, and only in the form of review, so theprocedure when starting the parties may not be the correct party dispute. As the caseentered a substantive review stage, the dispute of right parties will gradually surfaced,replacing the litigants problems can be placed in front of everyone. In the judicialpractice often encounter the replacement of litigants, but our country present " CivilProcedure Law " to the litigants to change or add system is not clear and specificprovision, cause each district found in the judicial practice needs to change or add tothat problem, the practice is not the same as. This not only caused the corruption ofthe administration of justice, also makes the judges in the processing of the problemcannot can depend on, heart not the end. To establish the procedure the parties that the concept of justice, safeguard rights, expand, upgrade procedure autonomy has aspecial significance. But how to program from the concept of smoothly into thecorrect concept of party will be a pendulum in judicial practice in China. This paperon the parties in the civil action theory research and the civil litigation at all stages ofthe analysis, and draw lessons from abroad to change or add to the practice, thejudicial practice of China in change or add litigants and provide theoretical basis forthe legitimacy of. The people’s court in the case of the substance into the trial stageencounter lack of proper party situation, should exercise necessary interpretation rightand fully respect the party’s right of disposition of the foundation, according to thedifferent situation to decide whether or not to agree to replace or add to the party. Thejustification of the system of civil litigation is based out of the logic, protect thelawsuit participates in a person the right to equality, improve the efficiency of civillitigation, the people’s court, the embodiment of humanistic care, make the actionmechanism more tend reasonable, fully in line with the basic spirit of the modernjudicial concept.