Research On Specific Litigation Succession System

The rapid development of the market economy and the increasing frequency of private transactions do not preclude the transfer of specific rights and obligations related to the subject matter of the litigant to third parties after entering the lawsuit,This is the specific litigation succession system discussed in this article.Tracing the evolution of civil substantive law and procedural law,the specific litigation succession system has experienced absolute prohibitionism in the Roman law period,then allowed transferism,litigation extinction,and has developed to the present party constancy and litigation succession.Articles 249 and 250 of the< Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China>(hereinafter referred to as the "Interpretation")implemented in2015 formulated this system for the first time,these two regulations basically established the legislative model of "consistent party principle and supplemented by litigation successionism".In view of the short period of establishment of the specific lawsuit succession system in China,this article aims to provide some suggestions for building a more comprehensive specific lawsuit succession system by studying the characteristics of the existing systems in various countries and regions and combining with China's actual conditions.This article is divided into four parts:The first part is a general overview of the specific lawsuit succession system,firstly,defined the concept of specific litigation succession system and its difference from related concepts,then,from the perspective of the development of the party's eligibility theory and the expansion of the subjective scope of the res judicata,the theoretical basis of its emergence is discussed,and its legitimacy is fully explained,finally,it briefly introduces the applicable premise of specific litigation,and pave the way for further research.The second part is the review of specific lawsuits following the legislative model,mainly includes Germany's litigant constancy,Japan's litigation succession,and Chinese Taiwan's new litigant constancy,briefly analyze the advantages and disadvantages of each model through the introduction of the theoretical basis and legislative examples of the above countries and regions,it also compares litigation succession with changes in litigation,changes in litigants,and litigation responsibility,making the characteristics of litigation succession clearer.The third part is the status quo and reflections on China's specific litigationsuccession system.From the aspects of legislative interpretation and application of judicial practice,the problems existing in China's current system are enumerated,causing reflection.The fourth part is aimed at the problems of the current system in China,clearly apply prerequisites,redefine the litigation status of specific successors,and add rules on how to deal with bona fide third parties,in addition,it imposes certain obligations on the courts,transferees,and successors to improve the procedural guarantee mechanism in China from the perspectives of ex-ante and ex-post,and to safeguard the legitimate rights and interests of the parties concerned.