On the Theory and Practical Environment of Litigation Undertaking

The integration of civil subject and litigation subject is regarded as an ideal arrangement in civil litigation.However,new civil subjects and new civil rights have been constantly appearing with the development of the society,causing a separation between the two.Litigation undertaking plays an important role both in protecting the vested civil rights and in producing new civil rights.The double functions of litigation undertaking are restricted by practical environment,which is very poor in China and often leading to limited operation in resolving mass disputes.To construct a perfect dispute-resolving system,we need to enhance both the construction of alternative ways and the construction of the environment in which the representative litigation properly operates.