Research Of Litigant Conditions Of The Execution Of Duty Lawsuit

New "administrative procedural law of the people's republic of China" have improved the prosecution conditions of litigation of suit of liability discharge.Because of the distribution of the articles of law,it haven't form a complete system,and combined with the reform of the registration system for case docket,caused the chaos increased in the practice of suit of liability discharge.In "Li Guo-xiu case"which this paper focus on,the Supreme People's Court presented 5 fulfillment prosecution conditions of litigation of suit of liability discharge.Whether it's new or old,it all reflect the Supreme People's Court to regulate the Prosecution conditions of litigation of suit of liability discharge.This paper is divided into four parts:firstly,the basic facts of "Li Guo-xiu Li case" are analysed;secondly,based on the theory and norms,the prosecution conditions of the lawsuit are studied;thirdly,local cases and extraterritorial methods are used to study materials to figure out the meaning under the prosecution conditions;finally,the study of the prosecution conditions of litigation of suit of liability discharge is shown in the paper,and the problems which may come up in the prosecution are fully discussed.Comparison of the basic facts of the "Li Guo-xiu case" and the normative basis under the existing framework show that:1.The law of the prosecution conditions of litigation of suit of liability discharge mainly included Article 41 of the Constitution,Article 38,47,49 of the Administrative Procedural Law.2.Five conditions are summarized considering the practice of the Prosecution conditions of litigation of suit of liability discharge.3.The questions about combination with the normative basis and the "conditions" proposing by the court are presented.Whether these elements belong to normative basis or not,they should be justified.According to the article of Supreme People's Court's summary,it is concluded that the "conditions" show the Supreme Court has sorted out in the "Li Guo-xiu case" belong to the content under the above framework,which is the proper meaning in the normative basis.This paper divides the "conditions" into“General conditions of prosecution" and "Special conditions of prosecution”.Combined with the reform of the registration system for case docket,the intensity and content of prosecution are considered.At the same time,in the prosecution conditions of litigation of suit of liability discharge and in practice,the question of "application" and "time limit" existed more controversial issues.For these questions,the author explores a series of solutions.In the end,the author tries to explore why the Supreme Court come up with the prosecution conditions of litigation of suit of liability discharge through the "Li Guo-xiu case".The author think that the judge of the Supreme Court intended to guide the parties to bring the suit correctly and to stem the abuse of litigation rights.Then,after the "Li Guo-xiu case",a series cases which are not conform the prosecution conditions of litigation of suit of liability discharge have been blocked out of the court effectively.This also shows the important significance of the "Li Guo-xiu case".