Studies On Undertaking System In Civil Action Of China

The undertaking system in civil action is essentially a third party replacing the original rights and obligations of the main parties to participate in the litigation.In the same time,this system breaks through the party's appropriate procedural law system.In the current situation where a large number of new-type and complicated civil disputes are constantly emerging,the undertaking system plays a decisive role.It not only satisfies the increasingly complex requirements of litigation partners,but also expands the range of litigants to safeguard the interests of litigants.At the same time,it also has the function of expanding judicial resolution of disputes,taking into account the fairness of litigation and the efficiency of litigation.However,the civil undertaking system has not received due attention in our country.On the one hand,China's legislation does not establish a undertaking system in the procedural law,only in sporadic substantive laws and judicial interpretations;on the other hand,the undertaking system only attracts the attention of some scholars,but most of them try to avoid abuses.This type of research,or some scholars involved in the study of the appropriate theory of the parties,group dispute resolution mechanism based on the shallow involved.This article begins with the concept of comparative litigation and the related system,through the deep analysis of the logic rules and system distinctions between concepts,to more accurately and clearly grasp the essence of litigation.In addition,this article also examines in detail the provisions of the extraterritorial lawsuit or related systems,and further explores the undertaking system.Secondly,this article makes argumentation research on the specific application of undertaking practice in China,and analyzes and clarifies the essence of the undertaking system.Furthermore,this paper has conducted empirical research and analysis to examine the situation in which lawsuit undertaking systems are applied in practice in China,and examine the emerging issues and deficiencies in both the statutory undertaking system and arbitrary litigation.This article compares and studies the litigation responsibilities of typical countries and regions in the two major legal systems,and addresses the issues that arise in our legal litigation system in the academic and judicial circles,and proposes practical suggestions for improvement.Firstly,according to the statutory litigation system,on the one hand,the legislation should be stipulated with respect to the statutory litigation system,and theoretical support should be given to the practice;on the other hand,the specific types of statutory litigation system should be appropriately expanded,including the executor and the heritage management.The person is given the prosecutor's position as the litigation guarantor in the personnel litigation and gives the individual the qualification as a plaintiff for public interest litigation.Second,for any system of litigation,it is first necessary to maintain the status quo of any litigation-responsibility system as stipulated by the current law,and secondly,to establish the legitimacy of the expanded litigation system,and finally expand the applicable arbitrary litigation system in some aspects.Scope,such as the owners'committee,partnership executives,rental housing managers,P2P online loan trading platforms,etc.