| As an indispensable and important legal system in the civil legislation of every countries, Litigation interruption has its core value for urging creditors to actively advocate rights and maintaining a stable economic order. However, there are contradictions and gaps in Chinese current legislation of litigation interruption system.Disjointed with practice, legislation can not meet the needs of judicial practice. In addition,there are also controversy about litigation interruption system's application in academia. Based on a lot of theoretical research, combined with case studies, this paper mainly study litigation interruption and its application. At the same time,compared with the continental law and Anglo-American law system for litigation interruption, this paper supposed to find out deficiencies of our legislation and throw out suggestions for improvement of Chinese litigation interruption system.The first part of this paper is about the summary of litigation interruption system.it expounds the meaning, feature, developing process and value of litigation interruption system. In the second part of this paper, there is a study on right of claim,which results in litigation interruption, specifically about its subject, object and the ways of interruption. The third part of this paper is about two other ways resulting in litigation interruption, namely remanding a case and promising to perform the obligation. As for remanding a case, there is a concrete study on several problems,such as the expansion explanation of remanding a case, the time point of interruption caused by remanding a case, withdraw an action after prosecution, and refusing to accept or rejecting the prosecution. As for promising to perform the obligation, the paper introduces the meaning and ways of interruption. The fourth part of this paper starts from Chinese current litigation interruption system, analysis its strong Chinese characteristics, point out its shortcomings and throw out suggestions for improvement. |
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