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Study on the Change of the Subject Matter of the Civil Case

Author: JiangXiaoLing
Tutor: HuangXuan
School: Southwest University of Political Science
Course: Legal
Keywords: the Change of the Subject Matter of the Case the Adversary System the Authority System Procedure Justice
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 85
Quote: 0
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Abstract


The change of the subject matter of the case is the important part of the subject matter of the case in civil procedure as well as it is the component element. In 2011, the Supreme Court made some statements on the amendments of Provisions on the Civil Subject Matter of the Case. But It is still quite a long way from the expectation. The author worked on the searching data and found that there was no article on the change of the subject matter of the case, while few people reflected on it systematically in practice field. Based on the importance of the change of the subject matter of the case, this article tries to explain from the point of defect、practical problems and consequence and combines the cases analysis, and then gives some suggestions on the improvements of the provisions of the Civil Procedure Law.This article is divided into three parts as follows:The first part is the basic theory of the subject matter of the case and its change. It introduces the definition of the subject matter of the case and its change, the subject, time, the basis, the causes, the classification, the importance and the defects.The second part is the analysis of the current legislations on the change of the subject matter of the case. In this part, I look into the history of the legislation and make some comparisons. Then with the analysis of the related cases, this article tries to reveal the present provisions and its practical problems.The third part is the full analysis of the perfection of the change theory. In this part, the article suggests improvements from several points: the condition, the stages,the role of the parties, and the consequences of the change and procedural measures which will perfect the present provisions of civil procedure law in our country.This article generalizes the definition, the classification, the causes, the defects and the practical problems while proposing some improvements. But because of the weakness of the author and the lack of reference materials, this article is quite away from profound and perfect, it is just a preliminary assumption which needs more improvements.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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