On The Subject Of Civil Litigation Reconsideration

The so-called subject, for the legal domain, is the bearer of rights and obligationsassumed by the natural person, legal person and other organization, consisting of. On the legalsubject research, should focus on the construction of the subject system, namely the researchrange of subject, power and duty, right ability and behavior ability, as well as the main code ofconduct. Scholars of jurisprudence on the subject system of research, mostly with branch lawas the breakthrough point, such as the system of civil subject, criminal main body system. Forthe civil subject system of civil litigation is not a virgin, laws and regulations on the subjectsystem of regulation is also very clear, in place. But for the subject system of civil litigation,so far, no scholars have in-depth study. From the legal perspective, the reconsideration bodyrules exist a lot of problems, need to be further improved.According to the civil procedural reconsideration body system as the center, from thescope of the subject of civil litigation, procedural rights or power, ruling the main powers inthree aspects such as the breakthrough point, the paper is divided into three parts:The first part of the review system of civil litigation, the subject and the subject systemof the civil litigation, and discusses the subject system characteristic and the value of fairnessand efficiency is positioned against the reconsideration body system influence, aimed at thecivil procedural reconsideration body system briefly and Comprehensiveness discuss;The second part puts forward and analyses the main body in China’s civil procedure lawsystem’s defects, from the legal norms are not unified, ruling body suit power lack of checksand balances, reconsideration body litigation rights or power vacancy three problems to belaunched;The third part is the important part of. Detailed study of the range of the subject of civillitigation (mainly for the main extent), civil reconsideration body litigation rights or power,the ruling body of the mechanism of balance of power. To build up a reasonablereconsideration system.