Research On The Civil Litigation Trust Theory And System Construction

Litigation trust is combined with trust concept contributed by Equity and standing theory, and plays an important role in the area of civil litigation in expanding the scope of proper party. Litigation trust has been gradually recognized by countries all around the world, although the application range varies in different countries, litigation trust system still plays a central role. Especially in today’s society, a large number of civil rights cases and public interest lawsuits are constantly emerging, the judicial relief fortress can’t shelter citizens well as a final safeguard of civil rights. However, litigation trust will extend the function of settling disputes judicially and realize litigation economy through transferring the corresponding rights, it’s irreplaceable for resolving modern disputes. In our country, the enchantment of litigation trust has attracted interest from academics, but Litigation Trust theory can not be fully utilized in the legal practice owing to controversial application of litigation trust.In order to explore the theory of litigation trust and clarify the concept, the article should trace the formation of trust theory and compare the application of litigation trust abroad; On the macro guidance of the litigation trust theory, it’s believed that the study of litigation trust system and the clear thought of system construction should be built on the argument on legitimacy bases of litigation trust and urgency of constructing the system. Given this, the article is divided into four parts to discuss relevant theory of litigation trust, and proposes the idea of construction of litigation trust system. Chapter one presents the general conception of litigation trust through introducing litigation trust system aboard and summarizing the characteristics of litigation trust; Chapter two analyzes the rationality of building litigation trust system, which discussed from two angles of theoretical justification and values. Respond to the question further prove the justification of litigation trust; Chapter three discusses that the root causes of the urgency of applying litigation trust are limitation of the representative litigation system and the fuzzy definition of subject qualification in public-welfare litigation; Chapter four mainly describes the prospect of the litigation trust system in China, then puts forward the overall train of thought and the specific plan to set up the system. The author claims that the prosecutors should be given power to institute civil action and group litigation system should be built for the practical application.