Research Of The Justiciablility Of Civil Dispute And The Expanding Of Its Range

Dispute is always accompanied with the development of the society and people's contacts as a kind of social phenomenon. Among all kinds of methods of settlement of disputes in modern social, the civil litigation belongs to the mechanism of settling disputes by judgment. But not every dispute can be solved through the civil litigation.The civil procedure law of our country provides for the charge latitude of the court resumptively. But in practice, this regulation faces much awkwardness. A lot of disputes sink into the condition that their dispute can't be solved by any organ. Through charge, legislation limits the range which the court accepts the case, which is the embodiment of the national standard idea and unfavorable to the protection of citizens'right of action.Making a general survey of the evolving history of ruling by law, the legal right itself is established in the course of emergence and settlement of disputes. So this article attempts to judge and standardize what kind of dispute may access to the court from the nature of dispute, rather than examine the range of the charge of the court from the view of court's jurisdiction. This article consists of three part, introduction, text and final chapter. And the text is made up of five chapters. The introduction mainly explains the reason and meaning for studying this proposition. Beginning with telling the meaning of dispute and the justiciablility of dispute, the text have investigated the relation between justiciablility of dispute and right of action or the range of charge. Therefore it announces that it is full of significance for the confirming of the range of charge and the realization of right of action to fix the range of justiciablility of dispute. And then this text, through the investigation and comparison of the condition of justiciablility in Chinese and other countries, point out the defect that exists at the condition of justiciablility, which is the problem of lacking of the standard of justiciablility and the range of justiciablility being too narrow. Further,it puts forward the measuring standard of justiciability of dispute, namely standard of rights and obligations in the legal sense and standard of interests of action. On this basis, this text proposes the tentative imagination of expanding the range of charge of courts. Firstly we must improve judicial idea. Secondly we must put the two kinds of dispute, namely constitution right dispute and the dispute concerning right of being forming, into the range of justiciability. Thirdly we must ensure the realization of expanding the range of justiciability through canceling the leading procedure, reducing the ligitation condition, expanding concept of litigant. This article is completed by dint of theory achievement concerned and vivid cases in the judicial practice. In fact, justiciability is a proposition full of theory. Without sufficient accumulation of theory knowledge, it is difficult to finish the thesis. In addition, the discussion of this proposition involves a lot of actual conditions that appear in the practice of justice, which make this proposition full of practicality. So without deep investigations, it must seem inmature and vague. I know that to some extent my intelligence and ability are insufficient, which may make the thesis have some gaps and omissions unavoidably. I would be grateful if teachers makes a comment and give me some advice.