On The Research Of Object Of Civil Action

The theory concerning object of civil action is of the most abstract theories among the basic theories of civil procedure. Accompany with the development of forming of the Western modern legal system and maturation of jurisprudence, scholars of continental law systems show much interest in the object-of -civil-action theory. Thorough research and heated argument were carried out on this proposition. Mainly in Germany, continuously maintain a great interest in the theory concerning object of civil action, and have set off a prolonged debate and discussion about how to define object of civil action, how to identify the singularity or plurality of object of civil action, how to explain the related problems concerning object-of -action theories, and have achieved many achievements at all stages. The Chinese mainland hasn't paid enough attention to the study on the object of civil action. The civil procedural law circle in our country has neither deepened nor furthered the study of the object of civil action. All these not only greatly restrict the study of other problems of civil procedural law, but also make the object of civil action to be ignored in the judicial practice, and have brought about much confusion that are hard to go through to civil litigation practice. After a comprehensive study of the theories concerning the object of action in continental countries and regions, the author holds that we should not only take new substantive law theory as our foundation to determine and identify the object of action but also construct the theories concerning elements of action, conflicts of action, alternation of action and fixed validity of judgment under the insert, in order that the civil procedural law theory in our country can guide the practice of civil litigation more effectively.The object-of -civil-action theory is the tie that joins the substantive law and procedural law. In ancient time where the action of civil law started, substantive law mingled with procedural law. Although they departed from each other later, the object-of -civil-action theory according to traditional substantive law still played the role of joining substantive law and procedural law together. In contrast, the procedural...