The Study of Legislative Mode on Procedural Guarantee of Individuals of the Special Litigation Succeeding

Because of procedure participation and lawsuit efficiency, it's necessary to protect of procedural guarantee of individuals of the special litigation succeeding. Now, There are two different viewpoint to privy forever principle and suit acceding principle in theory. Although there are other legislative models, almost all of these two are based on profit and loss synthesis. After China promulgated The Interpretation of The Civil Procedure Law, it establishes the mixed legislative mode of "the principle of the party's constancy, the exception of the suit succession",but there are three questions, such as the existence of the right of dissenting statement and the lack of procedural relief, the position of the lawsuit is not clear,lack of protection procedures for the bona fide acquisition of the assignee and so on. We should learn from the advanced experience of Germany Japan and Taiwan of China in the future judicial practice, perfect it by giving specific successor procedural relief right, pluralistic litigation status and bona fide acquisition to exclude the subjective scope of res judicata.