Research On The Principle Of Permanent Party In China

The Supreme Court of People's Republic of China promulgated the "Civil Procedure Law of the People's Republic of China" promulgated on 30 January 2015 and implemented on February 4 of the same year(hereinafter referred to as "judicial interpretation"),of which Article 249 and Article 250 are for the settlement of litigation It is a Matter of procedural law caused by the transfer of frictions between Chinese and foreign countries.On the other hand,the solution of this issue is to look at the legislation outside,Germany and Taiwan chose-the principle of "Permanent Party" and Japan choses the principle of "Substitution of Party",of which Germany and Taiwan there are also differences in the legislative and legal application of the the principle of "Permanent Party."Based on the differences in laws between these countries and regions and our country,this article explores the purpose and function of this problem-solving strategy,clarifies the definition of Article 250 of the specific application.Therefore,this article from outside the field of practice and doctrine point of view,the first is "how does transfer of property matter of the claim influence the party of action?",the second is "how does transfer of property matter of the claim influence the pleading?",so that our country The constant system of parties concluded in Judicial Interpretation can be better applied.In addition to the introduction and conclusion,this article is divided into three chapters.The first chapter,an outline of extraterritorial system.This chapter introduces the extraterritorial legislation according to the development context,including the the principle of " Permanent Party " in Germany,the principle of"Substitution of Party" in Japan and Taiwan's "New Permanence of Party ",mainly describes the conditions of application and transferee means.By comparing the three differences and their causes,this paper analyzes the purpose of the principle of "Permanent Party."The second chapter,the Influence of the transfer of property matter of the claim to a third person pending such action.This chapter combined with extraterritorial experience,according to the above two levels is divided into two parts.The first part is "the influence of the party of actions".This part analyzes two major issues:whether the assignee is bound by the state of the existing litigation and the difference between the litigant's continuation of the litigation and the withdrawal of the litigation.The second part is to study "the influence of the claim".This part analyzes three issues,namely,the change of procedure object,the necessity of change of action request and the way of change.The third chapter,The application and establishment of "Permanent Party"in China.According to the above analysis,this chapter concludes the conclusion of this article,selects the applicable conditions in our country based on the litigation economy and so on,and proposes the establishment of the prior measures.