Economy Of Litigation And Procedural Safeguard:The Two Dimensions Of Litigant Alteration In China

As the focal point as well as difficult point of the science of procedure laws, the litigant theory is the theoretical basis for principles of civil litigation system, right of action theory and the subjective scope of res judicata. However, when we innovate the civil procedural law, there comes many challenges for improving system of litigants, especially in the field of handing the problem of unsuitable party, which we didn’t pay much attention to. while it is not an appropriate way to dismiss the lawsuit or adding the litigant, now we can hardly achieve the equilibrium states of economy of litigation and procedural safeguard. In the meantime, it is precisely because these different process mode, the practical transaction in China is chaotic, and it has bring serious waste to judicial sources, greatly undermine our judicial impartiality at the same time. In order to change the current passive situation, we should unified the solution pattern in light of our national conditions. It is easy to see building the system of litigant alteration not just means rich the theoretical system, it can also completely solve the dispute, bring out lawsuit efficiency and promote the reform of the judicial. Besides that, conditions are ripe for building litigant alteration system, and there also have lots of foreign experience for us to refer, so it is necessary to do special study on litigant alteration system, so as to offer efficient advice.In addition to the introduction and conclusion, the paper can be divide into five parts.The first part focus on presenting the changes of legislation of our country, and the way of pointing out the effect that economy of litigation and procedural safeguard has made, to indicate the direction in which we should build the litigant alteration system.The second part analyzes the theoretical basis together with relative merits of those alternative solution patterns. Even though these patterns are direct-responses for current issue, but neither of them can achieve the requirements of economy of litigation and procedural safeguard. On the contrary, they have buried a great danger when making trial, so we must find a way to change the current predicament we meet as soon as possible.The third part starts from the rational analysis of litigant alteration system. In this part, explains the necessity and feasibility of building this system in order to prove that it is the best choice of our country, in addition, concluding some central point so as to make it easier when building the litigant alteration system.Part four includes the overall investigation of relevant system in civil law countries, common law system countries and former Soviet Union as well as Russia, in order to learn their advanced legislative experience.Part five describes the material establishment of litigant alteration system. First of all, we should establish right concept under the guidance of the value of economy of litigation and procedural safeguard. Then, we should set the entity elements such as the right of litigation implementation, the plaintiff have no fault, the agreement of the parties and benefit. At last, we must pay attention to reasonable system design, so as to protect the procedural rights and interests of the parties...