On The Interests In The Avoidance System

The avoidance system is a basic system in the current Civil Procedure Law,and its importance is self-evident.The aim is to protect the fairness and justice of litigation and safeguard the lawful rights and interests of the parties.However,there are many problems in the "interest" as the main content,which not only causes many scholars in the legal field to have a difference in understanding,but also does not play a guiding role in the judicial practice field,causing a lot of judicial chaos and disruption Judicial order.In this regard,we should sort out and consider the predicament of "interests" from the three aspects of theory,system and practice,and provide reasonable and feasible solutions.This article considers the origin of legislation of "interests" and considers the system's original intention.It adopts a hermeneutic method to explain its concept legally,and summarizes the problems in trial practice through empirical analysis.Finally,the article try to find a way out of the predicament with advanced foreign experience and Chinese specific national conditions.