The Study Of Procedural Guarantee On Individuals Of The Special Litigation Succeeding

The parties concerned can freely transfer the rights and obligations related to the object of litigation in the department of litigation and after the department of litigation.The subject of the related rights and obligations is the specific successor.For a long time,people are less affected by the particular succession in our country civil proceedings concerned,even in 2015,“Interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the people’s Republic of China”(hereinafter referred to as “the interpretation of the Civil Procedure Law”)for the particular reception system are specific provisions,following by the people what procedure rights is still quite rudimentary.Specific successor parties from the transferee of the litigation related to the rights and obligations of the parties are essentially to be legitimate,but the specific successor enjoys in the genus action program is right and in this case the relationship is unequal,the judicial practice need to change this situation.This article combs the judicial status of the specific inheritance system in China,and combines with the relevant principles of the specific inheritance system and overseas judicial experience,and then puts forward some specific suggestions for the improvement of the specific successor’s procedural guarantee in China.In particular,in addition to the introduction and conclusion,this paper is divided into four parts:The first part has carried on the theoretical analysis to the particular successor.By defining the concept of specific successors,this part derives three typical characteristics of specific successors and classifies them according to different standards.This part also explains the theoretical basis of the specific successor’s procedural guarantee.Through the analysis,we can see that the theoretical basis of the specific successor’s procedural guarantee lies in four dimensions: procedural participation,litigation efficiency,the expansion of the subjective scope of res judicata and the qualification for the proper party.The second part has combed the rules and problems of the special successors in China.Specific successor program security measures can use the criterion time as standard,divided into before and after the criterion time.Based on the current legislation of our country specific successor procedural guarantee combing,found that China’s specific procedural guarantee human existence following the six problems,the specific successor hasn’t the right of objection statement and the right of relief,litigation fee is distributed unclear under differentcircumstances,specific successor litigation position isn’t clear,lack of procedural guarantee to bona fide purchaser,the court blurred the review procedure for the application,loss of the assignor’s compliance with the obligation.The third part introduces the specific following three legislative modes by procedural guarantee,respectively is the privy forever principle mode,suit acceding principle mode and new privy forever principle mode.The typical representatives of the three legislative models are Germany,Japan and the Taiwan region of our country.The specific practices in judicial practice in Germany,Japan and Taiwan region of our country can provide references for the improvement of related systems of specific successor procedures in China.The fourth part puts forward the perfect measures for the guarantee of the special successor of our country.Generally speaking,our country specific successor program security measures can be divided into before and after the criterion time.The former includes the right and perfect program statement of dispute relief mechanism,clear all kinds of situations under the burden of litigation costs,the reconstruction of specific legal status,the bona fide acquisition eliminates the subjective scope of res judicata,refine the court’s review procedure for the application,the accompanying obligation of the assignor.The latter is refined into four parts: it’s important to do well cohesion with the third party discharging the judgement,the retrial procedure,the opposition to execution and lawsuit of the enforcement,as well as the damages litigation and so on.