任意诉讼担当的类型化分析

Research on Problems in the Application of Discretional Undertaking

在我国,任意诉讼担当理论上的研究尚还没有全面展开,这必然导致在理论运用层面存在诸多疑难问题有待于学者加以解决。同时,由于任意诉讼担当理论本身处于理论模糊阶段,因而对任意诉讼担当的适用进行系统化研究的时机尚不成熟。基于此,我们只进行了初步的研究,从个案层面对任意诉讼担当适用的类型化问题进行回应。

In China, since the theoretical research on discretional undertaking has not yet put into full swing, there are a large number of problems at the level of implementation which need to be resolved by researchers in this field. However, because of the system of discretional undertaking itself has not developed into its mature phase, then it is not the best choice to do systematic study in the application of the theory. Judging from the situation, this paper does not deal with the general picture from all levels, instead, it illustrates the theory of discretional undertaking through the perspective of several difficult problems in various cases.