The Discussion Of Object Of Civil Litigation And Discernment Criterion

Theory of object of civil litigation, which is one of the fundamental theories of civil procedure law, has been ignored by the domestic law circles for a long time. Until recent years, some domestic civil litigation law scholar paid much attention to object of civil litigation and obtained some achievements. At the same time, with the theory of object of civil litigation was introduced from Japan, Germany and Taiwan, more and more domestic civil litigation law scholar began to study object of civil litigation and discernment criterion and brought forward many viewpoints about object of civil litigation. Based on above theories and viewpoints, this thesis wants to make a tentative research on object of civil litigation and discernment criterion , combines Chinese justice practice and policy function and bring forward my own standpoint. I hope my standpoint will contribute to research on object of civil litigation and discernment criterion, I also hope my standpoint will be applied in Chinese justice practice.This thesis falls into three chapters, about 37000 words.Chapter one: Object of litigation and discernment criterion and justice practice signification of action of performance .Firstly, compares to some different theories about object of litigation and discernment criterion of action of performance, discuss especially discernment criterion of combination of petition rights. Secondly, based on these theories, bring forward my own viewpoint about object of litigation and discernment criterion of action of performance, concerning my viewpoint, point out its justice practice function in China. Finally, discuss the portion petition lawsuit andcountervailing plea lawsuit, taking lawsuit cost and lawsuit efficiency into account, I think that portion petition lawsuit should be prohibited in China.Chapter two: Object of litigation and discernment criterion and justice practice signification of action of confirmation. To begin with, discuss some different theories about object of litigation and discernment criterion of action of confirmation. Then, based on these theories, put forward my own viewpoint about object of litigation and discernment criterion of action of confirmation and indicate its justice practice function in China .Finally, discuss the object of litigation on the occasion of positive action of confirmation and passive action of confirmation.Chapter three: Object of litigation and discernment criterion and justice practice signification of action of form. Firstly, study some different theories about object of litigation and discernment criterion of action of form. Then, based on these theories, bring forward my own viewpoint about object of litigation and discernment criterion of action of form. Finally, emphasize its justice practice function in China .