The Research On Arbitrate Litigant Alteration

If there is an unsuitable party in civil action, the lawsuit will not achieve the purpose ofresolving civil disputes, and it will be meaningless even though it continues. Dismiss theaction is one of approach to solve the problem, but it will lead to a waste of the resources oflawsuit, and do not meet the requirements of the litigation economy. Therefore, the theory ofarbitrate litigant alteration, which is accompanied with the theory of unsuitable party, has notonly important theoretical value, but also important practical significance. Although there ismuch controversy on concrete content of arbitrate litigant alteration system, more and morepeople in the academic and practical circles approve its rationality and necessity.The Civil procedure law (trial implementation), which was promulgated in1982, hadstipulated how to replace the unsuitable party. However, it was cancelled in the CivilProcedural law promulgated in1991. From then on, there is no corresponding stipulation onunsuitable party, and there is much confusion of unsuitable party to alter in lawsuit practice. Itis necessary to research the theory of unsuitable litigant to alter, and build arbitrate litigantalteration system which is suitable for China.In addition to the introduction and conclusion, this Paper is divided into five Partsoutside.The first part is an overview of arbitrate litigant alteration. This part introduces the basicconcept of parties and proper party theory, makes clear the meaning of arbitrate litigantalteration, finds out the difference between arbitrate litigant alteration and other confusingconcepts, which lays a foundation for later discussion and research.The second part analyzes the reasonableness of arbitrate litigant alteration. First of all, expounds the necessity of arbitrate litigant alteration from the perspective of lawsuitefficiency and litigation practice. Furthermore, introduces the legislative history and currentsituation of the system, assesses its pros and cons to create conditions for reconstruct arbitratelitigant alteration system.The third part describes the legal nature of arbitrate litigant alteration, introduces civillaw systems’ different opinions on the legal nature of arbitrate litigant alteration, analyzes thereasons for its existence, nature and defect, serves as reference for China to establish moreperfect arbitrate litigant alteration system. Part four makes a systematic analysis on the condition and legal effect in theimplementation process of arbitrate litigant alteration. It makes a major analysis on thecondition, the core of which is related party’s agreement, of arbitrate litigant alteration, andrespectively discusses the legal effect on the both parties.Part five describes how to build a system of arbitrate litigant alteration, which is suitablefor the actual situation of China. This part analyzes and demonstrates the theory and thespecific design solutions about arbitrate litigant alteration system, and proposes someappropriate legislative proposals on the condition, implementation steps and legal effect.