Research On Legal Effect Of Tranfer Of Subject Matter In The Litigation

The transferring of Subject Matter in the Litigation system has long been a difficult knowledge to comprehend in civil procedure law theories. It is not only involved with theories such as the parties, Res judicata in the civil procedure law, but also related to transferring theory of rights and obligations in substantial legal system. Therefore, how to make it compliment to the substantial legal system during litigation proceedings is the key to solve the transferring problem of Subject Matter in litigation system.This thesis is composed of five parts apart from Preface and Conclusion.Part 1:Outline. The fundamental reason of Subject Matter in the litigation system is due to the arguments between procedure law and substantial law. Part 1 illustrates the relationship between procedure law and substantial law, litigation economy and substantial law jurisprudence and explores the jurisprudence phenomena hidden behand the problem, and sets up the solid theoretical foundation for the following parts.Part 2: Comparative research on legislative model in the continental legal system. This part concludes that the parties to a constant and successor in litigation are the main legislative models in most of the countries in the world. This Part then analyses the advantages and disadvantages of these two theories before making the conclusion that the neutral model is the mainstream legislative model to solve this issue at the present.Part 3: Transferring effect leads to that the parties litigation status would change. The transferring of litigation status is one of the important legal effects of Subject Matter in the litigation system. Part 3 consists of three sections which are the basic concept of parties transferring theory, the transferring problem of Subject Matter and its connection with the Parties transferring, and the analysis of the parties' litigation behavior effect. Finally this part concludes that it's necessary to define the parties transferring theory in China's civil procedure law, thus to provide the theoretical foundation to solve the issue of transferring of Subject Matter in the litigation.Part 4: The legal effect of the subjective scope expansion of Res judicata. This is another important legal effect of Subject Matter in the litigation system. It's widely recognized by most of the legislations in the world that the subjective scope can be expanded to the third party exceptionally in certain situations. Among them, there is the case of the transferring of Subject Matter. There are four sections in this part which are the overview of subjective scope expansion theory of Res judicata, Res judicata subjective scope expansion and the reason analysis of successor, the subjective scope expansion of Res judicata under obtaining with good will, the subjective scope expansion under the new and old theories on the object of litigation. Through argument, the author concludes that the subjective scope of Res judicata can only be expanded by combining with the regulations of substantial laws under the transferring of Subject Matter, which also means that it's necessary to take into account of the original rights of defense of the successor in substantial law.Part 5: Analysis on current legislation status in China and suggestions to improve it. This part reviews the Supreme Court's judicial explanations, approvals and notices on this issue, especially analyzes the advantages and disadvantage of Article 248, Article 250 of the Supreme Court's Explanation of Applying PRC Civil Procedure Law enacted on Feb 4 2015. The author believes litigation notice and registration system shall be established to provide the successor sufficient pre-matter procedural protection rights. Meanwhile, the exception example of subjective scope expansion of Res judicata shall be defined in the legislation to regulate and improve the particular procedure of...