Theory Of Object Of Civil Action And The Application Of Relevant Specific System

The concept of "object of civil action" is the backbone of the civil procedure theory.As far as now,there are influential theory of object of civil action such as "substantive law theory" "procedural law theory" ,and the expansion "two limbs theory" "one limb theory" and so on.The debate of the meaning of object of civil action is very important to identifying renewal prosecution,change and addition of prosecution,the sphere of Res judicate,and so on.This article uses case analysis and empirical analysis,analyzes the development of the theory of the object of civil action and existing problems,claims that to identify the object of civil action should consider the factors such as protecting the litigat:ion rights,improving the efficiency of procedure,and maintaining the authority of sentences.For proving this theory,this article analyses the cases about the conditions of putting on cases,the merge of the cases,the third party of case,the Res judicate,and so on.In addition to the introduction and conclusion,the text is divided into three chapters:The first chapter analyzes the development of the theory of the object of civil action and existing problems,and puts forward the viewpoint that the theory of substantive law should be taken as the principle,and the value judgment should be made according to different stages and situations of litigation?In chapter two,the author makes an emp:irical analysis the conditions of putting on cases,the interpretation,the class action and the judgeability ofjoint actionOn the basis of the analysis of the first two chapters,the third chapter puts forward some Suggestions to improve the theory of the object of national action...