On The Claim In Civil Procedure

Introduction This part introduces the research background,research significance of claim in civil procedure in detail.And the legislation and research status quo of China's claim in civil procedure are summarized.Chapter I:An overview of claim in civil procedure.Through the introduction of the concept of claim in civil procedure,the relationship between the relevant concepts and claim,the analysis of the specific types of claim are summarized,which defines the scope of the study.First,starting with the connotation of claim,the concept of "claim in civil procedure" is defined;Secondly,this part analyzes the relationship between the claim in civil procedure and the nature of claim.Secondly,this part analyzes different types of claim.Finally,this part introduced the meaning of the claim in the litigation of the parties and the significance of the proposition in the court trial.This chapter defines the context and background of the study of civil litigation,and defines the scope of the study.Chapter II:The object of claim in civil procedure.The object of claim in civil procedure includes three categories:1.Facts;2.Rights;3.Legal point of view.First,this part introduces the concept,classification and effectiveness of facts and claim of facts.Secondly,this part introduces the concept and characteristics of rights and claim of rights,discusses the classification of claims and explores the legal effect of claims.Finally,this part discusses the idea of proposing the legal point of view should be the object of independent litigation,and legal effect and method of identification of legal point of view.In this chapter,through the analysis of the object of claim,the core of the system is determined,which provides theoretical support for the defense and specific regulation of the claim.Chapter ?:The defense of claim in civil procedure.The defense of the claim includes:denial,self-recognition,silence,and unknown statements.First of all,this part introduces the connotation of denial,analyzes the difference between the denial and the denial of reason,and discusses the effect of denial.Secondly,this part introduces the connotation of self-recognition,analyzes the various forms of self-recognition.Thirdly,this part introduces the connotation of silence,the form of silence and the effect of silence.Finally,this part introduces the concept of the unknown statements,and introduces the extraterritorial legislation and practice of the claim.This chapter constructs the theory system of "Claim-Defense".Chapter IV:Regulation of claim in civil procedure.Regulation of claim in civil procedure includes two parts:regulation of claim's proposition and regulation of claim's content."Regulation of claim's proposition" includes two aspects:the proposition time of claim,and proposition form of claim.In the "Proposed form of claim",we focus on the study of the matter that is recorded in written claim,as well as the language model of the oral claim.In the " regulation of claim's content." we focus on the honesty obligation of claim,specification of claim and prohibition of fishing expedition.In this chapter,the study of claim's regulation is based on the study of litigation theory of claim.And the process of constructing and sublimating the CLAIM from the concept to the system provides the theoretical basis for the construction of our civil litigation claim system.Chapter V:The current situation and problems of the system of claim in civil procedure.This chapter summarizes the current situation and application status of the civil litigation claim system in our country,and summarizes the existing problems in the system of civil litigation.First of all,this part introduces the historical evolution and the current situation of the civil litigation claim system in our country,discusses legal provisions about claim in the current "civil procedure law" and the relevant judicial interpretation,analyzes problems in the civil litigation claim system.Secondly,through the questionnaire sent to judges in grassroots courts and intermediate people's court,this part discusses the operation of the civil claim in practice,summarizes the outstanding problems in the judicial practice and analyzes the reasons.This chapter analyzes the legislation and application of the civil litigation claim,and provides the suggestions to improve the relevant system.Chapter VI:The perfection of the system of claim in civil procedure.This chapter puts forward the legislative suggestions and the realization path of the our civil litigation claim system from the legislative and judicial levels.First,this part explores the legislative perfection from the rule level.includes the improvement of pre-trial procedures in the proposition and defense,establishment of timely proposition of claim,specification of claim and honesty obligation of claim in litigation.Secondly,this part explores the perfect path of claim system from judicial practice level,which includes normalization of trial behavior,improvement of judges'right to clarify,and improvement of the case guidance system.Through the comparative method,this chapter introduces the relevant system of foreign legislation,and explores the way to make useful theory and system localized,finally explores the perfect model which is suitable for the present situation of legislation in our country.Epilogue:Summarize the full text and look forward to the future of the system of the security of claim in civil procedure.