附带民事诉讼当事人权利保障机制研究-诉讼法专业论文.docxVIP

II II Abstract The rights protection mechanism for parties of an incidental civil action is a series of systems built upon the parties, which ensures equal status of litigation and sufficient litigation rights through substantiality and procedures. In defining subject scope of parties, it is an international practice that the third party is included, which saves judicial resources, quells disputes as soon as possible, and achieve proceeding justice. Of course, there should be corresponding rights protection mechanism to realize its litigation rights when the third party is involved in a litigation. Therefore, it is of much necessity and feasibility that a rights protection mechanism for the third party be established as soon as possible. In an incidental civil action, the plaintiff and the defendant are of course subjects, a fact which hasn’t been given proper importance to during the legislative and judicial process has resulted in imbalanced litigation status between the two parties, making equal confrontation at court impossible. On the one hand, foreign countries protect plaintiffs’ litigation rights through endowment of Option of Civil Procedures and establishment of a national compensation system for victims. While taking into consideration of our own legislation and practice and foreign legislation cases, through giving the plaintiff the right to request compensation for moral damage, and establishing a system of trial in absentia in a certain range, China will certainly be able to achieve more good results in this area. On the other hand, the loss of the defendants’ rights can be safeguarded through endowment of right to counter, right to appeal, and access to defense counsels. In this way, a sufficient balance will be created between the plaintiffs and the defendants. In addition, the protection of the rights of the third party in an incidental civil action can not be ignored as well. Thus, a more rational, scientific rights protection mechanism for parties