Discussing On The System Of Losing Right Of Parties In Civil Litigation

The purpose of this article is to study the system of losing right of parties in civil litigation. The system of losing right of parties in civil litigation plays an important role in civil procedure. Despite the system of losing right of parties in civil litigation has been described in law, but there are still many shortcomings, and actually the system has not been really established. In current China the study of the system is becoming more abundant, but parts of the problem still need to be solved. In judicial practice, due to the lack of relevant theoretical guidance and legal basis, the application of the system is not standardized. In this paper, some problems of the system of losing right of parties in civil litigation are explained and set out the shortcomings that relate to the system.This thesis consists of introduction, body and conclusion, the text include:The first chapter focuses on describing the related concepts, components and types of the system of losing right of parties in civil litigation, and study the significance of the system. In the first chapter, according to understand the concept of legal rights and the rights of action, the concept of the system is clear. Then the chapter describe the components of the system, including the main body beneath the right, lost the right to object, and the subjective will, subject behavior and behavior as a result of. Loss of civil litigant rights system can theoretically classified from the legal rule composed of a plurality of specific loss of tenure, such as the loss of the right evidence, missing appeal rights. Finally, the chapter study significance of the system.The second chapter describes the legal basis for building the system of losing right of parties in civil litigation, including the principle of good faith, legal obligations and facilitate the pursuit of fairness and justice. Objective to construct the system of losing right of parties in civil litigation aims to urge the parties to exercise their litigation honestly rightfully rights so as to avoid causing delays in the proceedings, thus reflecting the principle of good faith purpose. In the lawsuit made doctrine timely information model, the parties lose rights system allows parties to fulfill the duty to promote the final efficiency of the proceedings, and to protect the interests of the parties on the substantive and procedural.The third chapter describe the theoretical, legislative and judicial practice of civil litigant status of system and analysis the existing theoretical research, legislation law and litigation activities of the regime applied to analyze the situation and propose the existence of problems and deficiencies. I believe that the existing theory does not lose the right to define the concept of civil litigant system, although the legislation on the part of the loss of the right to carry out a number of specific provisions but the loss of the right system is still blank, and the loss of rights system has been specified, there are some less need further improvement. The effect of loss of tenure of civil litigant parties is very severe, and therefore need to take appropriate measures to remedy the entity interests of the parties maintained.Chapter four highlight the corresponding loss of sound advice for civil litigant rights system in theory, legislation and judicial practice issues. I think the first thing should be the concept of civil litigant theory system about missing clear, followed under the guidance of the theory of the party lose the right to legislate for civil action to improve the system, and finally to regulate civil action lawsuit in private law practice applicable and to take the appropriate remedies substantive rights of the parties to protect...