Research On Suit Of Confirmation

Because of the legal protection which provides in the object on difference, suit is divided into the suit of Confirmation, the suit of Performance as well as the suit of Alteration. These three types of suit is undertaking the different role respectively in the civil action, is displaying the different function. Historically speaking, although the appearance which the confirmation suit late in performance suit, but along with the people's thorough research of the former, its theory status has surpasses the latter gradually, such as so-called"confirmation lawsuit prototype view". But in our country, on the one hand the fundamental research of the confirmation suit still waiting for further thoroughly, on the other hand in the legislation, the legal rule the confirmation suit also relatively lags, then causes the litigant to produce many barriers in the civil action process, the court also with difficulty grasps in the trial process to the case and the law. This article chooses this thesis on the confirmation suits, the goal lies in through this system thorough research further consummates the civil action theory, thus enable litigant's right of suit to obtain a more effective protection.This article except the introduction and the conclusion, altogether divides into four chapters.First chapter mainly in the form of proposing a question draws out the basic outline of the suit of confirmation. This chapter altogether divides into three sections. First section proposed the problem in the confirmation lawsuit possibly; Second section through contrasting various civil laws'different definition of the suit of confirmation, and linked to China's concrete reality to induce and limits the basic concept of the suit of confirmation in our country, and summarized the basic characteristic of the suit of confirmation.Second chapter mainly elaborated several basic concepts of the confirmation suits. Includes specifically: First section introduced the several kind of different classifications of the confirmation suits: the positive confirmation suits and the negative confirmation suits; the independent confirmation suits and the middle confirmation suits; Second section unifies the theory and actual to carries on the analysis of the system value of the confirmation suits.Third chapter mainly begins from the conditions of the lawsuit such as the court's judicial review, the lawsuit benefit as well as litigant suitable standard to carry on the discussion of the confirmation objects, and unified the judicial practice specifically analyze several kinds of confirmation object which received disputed. In addition, in fourth, the author elaborates some viewpoints on the confirmation object involved to'the brief of civil law cases', which at present instruct the court how to accept the case.Fourth chapter mainly carried on the discussion of the decision of the confirmation suits in the base of the theory of the object of action. Includes specifically: First section, according to different theory of lawsuit object, carries on the definition of the object about the confirmation suits. Second section analyzes different basic content of the confirmation decision. The third section delimits the scope of confirmation decisions'potency based on the object of the confirmation suits. Fourth section then studies specifically the suitable situation related mediation and the conciliatory in the confirmation.