Research On The Principle Of Permanence Of Party In Civil Procedure

Because of the continuous development of China's socialist economy and the increasing frequency of social transactions,the situation of the transfer of subject matter in litigation is constantly occurring.Way to solute disputes caused by transfer of subject matter in the procedural law and substantive law,usually divided into Germany which is called the Principle of Permanence of Party,while Japan which is called the Principle of Substitution of Party.It is worth mentioning that in Taiwan also exist the Principle of Permanence of Party,but it is different from the Germany rule,and formed a unique characteristics.Previously our country only stipulated natural person and legal entities or other organizations as one of the parties after the termination of related issues,but the transfer of subject matter in litigation has not made specific provision.So there is little research in handling with such problems and the judicial practice is also in disorder.In 2015 the supreme people's court give out the explanation of applying the civil procedure law of the People's Republic of China,on the basis of Germany and Taiwan rules,and the article 249 of this code made clear our country adopts the constant,to fill the gaps in the law,changed the past some controversy and misunderstanding,for our country's judicial practice and the rule of law construction has important significance.But there are still a series of problems to be discussed: how to understand the scope of the disputes of civil rights and obligations? How shall we protect the interests and procedural rights of the parties and the specific successors? The system can play a better role in judicatory practice only after solving the problems related tothe subject's invariability and enriching and perfecting the system and main procedure construction.This paper is divided into four parts.The first part is an overview of related concepts.At first I introduces the different legislative cases from the Angle of historical development,and related legal concepts.The second part is from the Angle of comparative law content transfer of legal issues were discussed,respectively comparative investigation of Germany,Japan and Taiwan area in our country's legislation.Then I discusses two aspects of the subject and object,and summarizes and compares and analyzes the advantages.The third part is the constant socialist situation in our country,from the Angle of theory to the analysis of existing problems and contradictions in current legislation,and from the perspective of judicial practice in the civilian law judicial interpretation issued before and after the case is discussed,the difficulties to find problems in theory and practice,and introduces the general development direction of constant on the parties.The fourth part is about how our country should build the Principle of Permanence of Party,in reference to Germany,Japan and Taiwan area on the basis of relevant experience,we should establish the three classes of constant system construction,and take the perspective of both substantive law and procedural law of the parties and specific following the protected by people,not only from the perspective of substantive law protection,and improve the procedural guarantee of advance.