On The Problems And Perfectieon Of The Theory Of The Subject Of Civil Litigation In China

Since our country's legislation does not specify the definition of litigation targets and the identification method of litigation targets,our country's scholars have also conducted very in-depth research on the litigation subject theory.This has led to the disorganized manner in which litigation targets are identified in judicial practice in China.The identification of litigation targets is of great value in solving the issue of competing rights,resolving power,and repeated prosecution.It is a very important issue in civil litigation.Although Article 247 of the “Public Litigation Interpretation”establishes the criteria for judging repeated prosecutions,the essence is still the essence of repeated appeals.There is no real significance to the resolution of the above issues.This article is based on this background,rethinking the meaning of litigation subject theory,adopting comparative research andempirical analysis methods,studying the development of German and Japanese litigation subject theory,thinking about the pros and cons of each litigation subject theory,and combining our country's legislation and judicial practice.Based on the above,we put forward specific proposals for perfecting the theory of litigation standards in China in order to change the chaos in China's judicial practice in identifying litigation targets.In addition to the introduction and conclusion,this article consists of three parts.The first part introduces the current status of the identification of civil litigation targets in China,including both legislative and judicial aspects.Through combing the laws,we find that China's lawsuit object and its identification legislation are vague.After analysing many cases of judicial practice,we find that the judicial practice in China is confused in the method of identifying litigation targets.At the same time,when analyzing the importance of the theory of litigation subject in judicial practice,the paper discusses the main problems existing in litigation subject matter and its identification in China and reflects on the current situation of China's legislation and judicial practice.The second part compares and rethinks the main theories in the process of theoretical development of litigation objects.Through comparison and analysis,it is found that China does not currently have the conditions foradopting relativism of new ideas and litigation subject and the facts of the case.The old substantive law theory is still the theory of litigation subject that is most suitable for China's judicial practice.The third part mainly aims at the problems existing in the theory of litigation targets in our country and puts forward concrete suggestions for perfecting the theory of litigation targets in China.That is,in the case of identifying litigation targets with the old entity law,relevant supporting systems should be improved,such as the preparation of amalgamation system,the change of lenient complaints,and the system of judicial interpretation.