On The Principle Of The Original Party Continuing Proceeding Doctrine In Our Country

Proceedings mechanism set can't interfere with freedom of economic activities,otherwise it will hinder the free development of market economy.However,with the development of market economy,there are more and more cases in litigation.In order to respond to the procedure after the transfer,in the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China in 2015,we first specified the rule of adopting the principle of the original party continuing proceeding doctrine and the successor substituting doctrine as an exception.However,as a new legislative stipulation in our country,the principle of the original party continuing proceeding doctrine is too short of legislative provisions and the confusion of judicial practice.Therefore,based on the current defects in the legislation and judicature in our country,in the constant explore in Taiwan and Germany about applied experiences of principle of eternally-fixed party,combining with China's national conditions,the article reflects on how to make the principle of eternally-fixed party more sophisticated The paper is divided into five parts:The first part is the introduction,briefly summarizing the principle of the constant problems of the selected topic background and research significance,making brief evaluation carding and evaluation about the research status of about the constant has carried on the system,both at home and abroad and illustrating the main research methods and innovation of the article.The second part is the current situation and the application of the principle of the original party continuing proceeding doctrine in our country,this section is part of the problem.Mainly through the legislative and judicial status,drawing forth the defects of obscure applicable premises existing in legislation,incomplete action forms and action status of party not involved in the case,insufficient guarantee of bona fide transferee and defects in juridical practice.This part also lay the foundation of deeply research on the cause and solution in above problems.The third part is the analysis of the reason of plication of the principle of the original party continuing proceeding doctrine of our country,mainly in Germany and Taiwan area on the parties to a constant,apply the theory and practice of introduction,from the angle of theory and legislative perspective both constant principles applied by the parties in our country has carried on the reason analysis,also provide reference for the doctrine application in the future of our countryThe fourth part is the suggestion for the maturity application of the principle.This part mainly give the suggestions from the four points of perfect party constant principles applicable premise,perfect the procedure of the assignee not in the case security,clear the protection of bona fide assignee of exception,and promote the constant principles apply after this linking to the executable programThe last part is a brief summary on the principle of eternally-fixed party constant principles applicable to our country,mainly illustrates the importance,urgency and necessity of research.In the principle of eternally-fixed party,and constant principles apply to the party concerned in briefly elaborated other problems that may occur.