The problem of proper parties is more important issue in the civil procedure law, its right handling is smooth for the start-up procedure and the premise of effectively solving civil dispute. The study of proper parties and the system analysis has a double meaning of theory and judicial practice.The accurate positioning of the proper party not only can protect the litigation right of the parties to a specific case,but also helps to improve the ability of the judicial organs to solve civil disputes.And it can guarantee the litigation economy, avoid to produce meaningless litigation and waste of judicial resources.The concept of the parties in the process of continuous development has experienced the interested party, party of protecting right,party of protecting procedure and entity rights, the procedure party.In the last stage,relevant systems should be established.In clarifying the parties and the eligible parties, through the study of the theory and system, the comparative analysis of Chinese and foreign countries, the current law in our country, suggestions of perfecting the system in our country were put forward. |