Studies On Undertaking System In Civil Action

Undertaking system is a party of civil litigation, in which the third party conductsthe litigious activities in his own name instead of the original party, it is the product ofthe parties eligibility expansion theory, it helps to solve the new problem of new civilsolve wonders, corresponding to the purpose of the modern economy litigation.Nowadays, it is underestimated in our country, because of the traditional theory, whichuses the direct in relationship as the standard. That is to say, it is the emphasis theuniformity between the litigants and the people who should have the substantive rightsand obligations. In judicial practice and academic research, the study of understandingsystem is quite rare. However, it happens occasionally in civil cases. Therefore, it isnecessary to constitute a suitable undertaking system in our country judicial practice,summarizing the experience abroad, combining with the actual situation in our country.The article is divided into six parts:The first chapter is the explanation of the concept, the meaning and theclassification of the undertaking system. In the undertaking system, the third person toplay in the law and the parties agree with both cases, the exercise of the right of actionto implement the original should not be enjoyed by him, in his own name legal systemlitigation activities.The second chapter applies the method of comparative analysis the differencebetween undertaking system and other parties change, and the differentia between otherof civil litigation system associated with undertaking system, in order to achieve thedefinition of civil litigation bear.The third chapter mainly through two aspects of the party eligibility expansiontheory and the concept of party in procedure act as the undertaking system’s legal basis.The concept of party in procedure requires parties just as the subject of litigationrelationship, it should be separated from the legal relationship with the entity subject;And the development of the theory of the parties to the eligibility requirements toexpand the subject of litigation implementation of the right, who want through this wayto obtain judicial the right. Then analyzed contentious legal relationship and trialproceedings served in legal relationships.The fourth chapter analyzes the undertaking system in our current situation. Then,explain the reason of this situation is the standard to the direct in relationship. The fifth chapter in view of the present situation of our civil litigation bear, it isnecessary to contrast outside on behalf of the country and district’s undertakingsystem of theory construction and legislative cases, especially the third party instead ofsubjects in the proceedings of the mass disputes, as a form of analysis is introduced, andis beneficial our country to sum up the advanced experience outside, constructingundertaking system has the reference significance for the future.The sixth chapter is the article’s emphasis, it analysis the status of Chapters IV andV in our country and the extraterritorial undertaking system, to look forward to thefuture of the development undertaking system.