The Research Of Taking Charge Of Expanding Arbitrary Litigation

Taking charge of arbitrary litigation is a lawsuit system.The lawsuit system isthat the person, with the substantive rights and obligations, gives the third person themain litigation implementation right.The third person can use his own nameimplement lawsuit.The legal effect is gotten by the third person,which has effect onthe substantive rights and obligations main.In this process, the third person is theperson who takes charge of litigation.The substantive rights and obligations main isthe people who have been taken charge of litigation. Taking charge of arbitrarylitigation is divided into two types of situations.One is provided by the law,the other isexpanded applicable to arbitrary litigation.Taking charge of arbitrary litigation makes somebody implement the right oflitigation, who has no right of litigation. To a certain extent,This has expanded thescope of the proper party.Due to the impact of traditional doctrine of the properparty,which emphasizes that the person must have a direct stake in the case,the theoryof taking charge of arbitrary litigation is almost a blank in our country.Taking charge of arbitrary litigation has many advantages.The first is improvingthe system of party.The second is expanding client protection, achieving litigationfairness.The third is improving the efficiency of our lawsuit,achieving economicpurposes lawsuit.Besides,in recent years,the extraterritorial application of the systemhas made certain achievements and had an effect on the judicial process of the country.Consequently,A study of the theory of taking charge of arbitrary litigation hasthe double value of theory and practice.The paper is divided into four parts.The first part is to carry on the concept limitsto expand taking charge of arbitrary litigation.The second part is analysis onestablishing theoretical basis for extended taking charge of arbitrary litigation in anylitigation.The third part is building taking charge of arbitrary litigation for China toprovide theoretical and practical experience,through expanding the suitable of takingcharge of arbitrary litigation system to the territory outside the muti-analysis.The fourpart is the introduction of the research and the utilization present situation ofexpanding arbitrary litigation playing in our country,in order to proposing someadvices about establishing taking charge of expanding arbitrary litigation system inour country.