The Theory Of Unsuitable Litigant And Its Alteration

The modern Civil Procedure has defined the civil procedure parties as theconcept of procedural law. The one who claim its rights to the court and the one whohas been claimed as defendant are the parties and we could neglect the link betweenthe parties and the substantive law. If the parties were found no interest to the suit,they were called unsuitable litigants. There may be questions of legality. It isnecessary to deal with this problems which we call it Unsuitable Litigants Alteration.There are no concepts regarding Unsuitable Litigants in our nation. Chaoses existin the regulation of dealing with the Unsuitable Litigants including abuse of powerand the fail in the protection of the litigants rights.The first section analyzes the distinguishing and the processing mode. In theory,the distinguishing criterion of unsuitable litigants includes the right of executing thesuit and the plaintiff qualification. One of the specific processing pattern is dismissthe legal action another is to start litigants alteration.The second section observes the relevant theories in foreign countries. Thecontinent law system which represented by Germany and Japan do not has uniformlegislation but left it to the practice. The common law system which represented byUS and Britain relies on the judge’s discretionary power. Former Soviet Union andRussia explicated stipulated the relevant process.The third section analyzes the history of unsuitable litigant and the reason of theabsent in the current Civil Procedure Law. In practice， there are many policies dealing with the unsuitable litigant. However, no regulation is stipulated and we are inneed to build up relevant theory corresponding to this problem.The fourth section discusses the content of the unsuitable litigant alterationsystem and cooperative unsuitable litigant system should be established. We need tostick to the balance between the parties and the judge. We need to balance theprocedure stability and the efficiency. We need to combine the procedural just and thesustentative just. The unsuitable litigant alteration system should incorporate startsystem, alteration system, objection system and relief system. The object effect andsubject effect should be regulated as well.The last section discusses the link between the unsuitable litigant alterationsystem and the other related system in Civil Procedural Law such as alteration ofclaim, the correct of the claim, the third person lawsuit system and the commonlitigant system, which could adapt the unsuitable litigant alteration system to the CivilProcedural system.