Study Of Specific Litigation Inheritances

In order to resolve the issue of follow-up litigation which involves the transfer of rights and obligations in the litigation subject matter,each country regulates it through a specific litigation succession system.The specific litigation succession refers to the transfer of rights and obligations of the subject matter of the litigation in the subject matter of the litigation,and the rights and obligations of the third party outside the case subject to litigation.Looking at extraterritorial legislation,it can be divided into three legislative modes: litigant constancy,litigation succession,and eclecticism.The litigant constancy maintains the stability of the lawsuit and excludes changes in the entity’s rights to affect the litigation subject;litigation successionism reflects the changes in the entity to the litigation in a timely manner;eclecticism is generated on the basis of combining the advantages of the two doctrines and is the majority of countries The preferred legislative model.There is not much theoretical research on the succession of specific litigation in China,and there is a lack of comprehensive and in-depth theoretical research.In 2015,China promulgated the"Interpretation on the Application of the" Civil Procedure Law of the People’s Republic of China ".Articles 249 and 250 made it clear for the first time that China’s specific litigation succession system adopted Constantism is the principle and litigation succession is the exception.However,compared with extraterritorial legislation,there are many problems in the specific litigation succession system that we need to discuss.By comparing the differences between different legislative models,combined with the appropriateness theory of parties and the theory of procedural guarantees,in order to provide a perfect path for the succession of specific litigation.In addition to the introduction and conclusion,this text is divided into four parts:The first part of the article discusses current status of the succession of specific lawsuits in China.Specific litigation succession refers to a situation in which one party transfers the rights and obligations of the subject matter of litigation to a third party outside the case in the litigation system.Its value consideration includes three aspects: stability of procedure,effectiveness of litigation,and balance of interests between the parties and the successors.The provisions of the Interpretation of the Civil Procedural Law are relatively simple,and there are also some problems,such as the scope of the applicable premises and the lack of unified judgment standards for the reasons for the succession of the successor.The second part is the legislative model for the succession of specific litigation.In terms of whether the parties change,there are three main legislative models in the civil law system.The constantism advocates that the transferor should continue to be the eligible party to continue the litigation,the litigation succession advocates the replacement of the party,the successor enters the lawsuit and the original party exits the lawsuit.In addition to this,there is a third legislative model,eclecticism.Combining the advantages of the above two doctrines and avoiding the deficiencies of the two,makes eclecticism recognized by most countries.The legislative model of eclecticism in China should strengthen the protection of the rights and interests of litigants and specific litigants.The third part is the appropriate basis for the parties to a particular lawsuit.The suitability of the parties is closely related to the right of enforcement of the litigation.In the case of the succession of a particular suit,the appropriate basis of the assignor is more reasonable to explain with the form.Distinguish between different situations to discuss the transfer of property rights and the transfer of claims and debts.The interest of the object of dispute is used as the criterion for judging successors in China,taking into account both substantive law and litigation law,and pursuing the value goal of dispute settlement at one time.The fourth part is the procedural guarantee in the case of the succession of specific litigation.Comparing and analyzing the differences of procedural guarantees of different doctrines,the parties ’constantism excludes the expansion of the effectiveness of judgments in the case of good faith transfer,stipulates statutory hearing rights,litigation succession considers the circumstances of litigation fraud,and eclecticism adds litigation notification and court authority Notice.The author believes that China should adjust the successor ’s litigation status,increase the successor ’s access to litigation as a third party with independent claims,the parties ’obligation to inform litigation and the court ’s duty to notify.In addition to this,reference should be made to Germany to rule out the expansion of the effectiveness of the judgment of the benevolent successor.