The Expansion Of The Qualified Litigant In The Modern Civil Action

The prerequisite for initiating proceedings and resolving civil disputes is to deal with the problem of the suitability of civil litigants.As the link between civil entity and procedure,the qualification of parties is not only related to the judgment power of the court,but also related to the right of action of parties.The theory of the suitability of parties reflects the openness of civil procedure in a society and the protection of human rights in a country's litigation system,because the scope of the suitability of parties determines to some extent the breadth and depth of a country's judicial protection framework.In addition,the scope of the suitability of the parties can indirectly reflect the tolerance degree of a country's proceedings to social disputes.Therefore,it can also be said that the development of the suitability of the parties theory reflects the rule of law of the society to some extent.The traditional theory of the suitability of the parties in Our country has been unable to meet the needs of the development of modern society either in practice or in theory.However,the development of modern civil litigant suitability theory directly comes from the questioning of traditional litigant suitability theory.The reasons of questioning are mainly the diversification of disputants,the enlargement of case scale and the emergence of new civil rights,which make the expansion of litigant eligibility scope inevitable.In addition to the question and conclusion,the text is divided into three parts:The first part: Through the analysis of the predicament of modern civil litigation in our country,it lists the phenomenon that consumer group disputes and environmental tort disputes cannot be effectively solved in practice.It can be found that in practice,in the face of modern civil disputes,the court can only solve the disputes according to the traditional methods,or try to solve the disputes,in the case of no recourse.However,the limitation of modern civil procedure statute law determines that the framework of current law cannot bring these new interests into its protection scope in time.The powerful practical function makes the modern civil litigant fit theory occupy the pivotal position in solving the modern social dispute.Therefore,it is necessary to explore the reasons why modern civil disputes cannot be properly resolved.The second part: Through the analysis of the above cases,we can find out the dilemma that the modern civil litigation in China meets when seeking judicial relief.The reason may be that the traditionaltheory of party suitability cannot adapt to the development of modern society and cannot protect the modern civil rights and interests when they appear.In modern civil litigation,the types of disputes often have the characteristics of interests beyond individuals,involving a large number of people and will have a greater social impact.Therefore,it is inevitable that the traditional civil litigation mode is difficult to solve.The theory of management right is a general standard for the establishment of eligible parties,which facilitates the smooth proceeding of civil procedure to some extent.However,this standard cannot be applied to all types of litigation,so we need to reflect on the traditional standard of eligible parties.When the litigant is not qualified,it is common practice to dismiss the lawsuit,so the infringed legal interest cannot be protected.In order to bring more new legal interests into the framework of judicial protection,it is necessary to expand the scope of eligible parties.The third part: the interest of litigation is to consider whether the claims in specific cases have the necessity and effectiveness of litigation.At present,the society is developing rapidly,the social relations are increasingly complex,the types of disputes are diversified,and the civil rights system is constantly expanding.The new civil rights can be recognized and protected with the benefit of litigation as the criterion to judge whether the litigants are qualified or not,and a better judicial living environment can be provided for the litigants.Therefore,with the development of modern civil procedure and judicial practice,it is necessary to introduce the interest of litigation as the criterion for judging the suitability of litigants.In practice,it is necessary to determine the prosecution status of procuratorial organs,confirm the prosecution qualification of individual citizens and lower the prosecution standard of social organizations,so that more qualified subjects can protect the new civil rights and interests.The expansion of eligible parties in modern civil litigation is conducive to the development of China's society,the balance of China's economy and the alleviation of social contradictions,and the maintenance of national stability.