The Theory And Litigation And Practice Of The Civil Right Of Action

The conception of the right of action is original in the period of ancient Rome. As the one of the most important theory in civil action, the theory of the right of action is the foundation of the whole civil procedure law in civil law system. And the scholars have been attaching importance to it all along. However, form the time of this theory's emergency, it was the central issue of the scholars. And in virtue of its complexity , it was called of ". Gold Bach Conjecture". And due to the theory of action relates to the whole realm of the civil procedure law, effects the structure of the system of procedural theory as well, also direct the start, the installation, and the motion of whole lawsuit, it is of the great importance to the theory, and it is the central theory of the procedural theory.The right of action is the right for citizens to ask the court to use its power to achieve their civil rights and interests or to solve the disputes with others. It includes the procedural rights and the substantive rights. The right of action is based on the concrete right, is premised of the existence of the civil disputes. It is the right for the citizens to the national organ—the court. It is the foundational, constitutionlised right. The right of action and the power of trail of the court is interlocked of each other in the civil lawsuit. They two constitute the whole civil lawsuit. They supplement each others and restrict each others. The right of action is also the foundation of the total procedural rights of the civil parties..The theory of action in our country is not flourishing overall. It is not mature in research. Because of the lateness of the start of the research, and the lack of the deep and systemic study, we are still stay for the time of the discussion to the abstract concept. And our understandings to it are not enough. We didn't inquire into its function overall. We didn't consider the right of action as the important right to the civil parts. And the research of it often impress on its function to the separation of substantive laws and procedural laws, therefore ignore the subject of the right of action, that is the status of the civil parts. Meanwhile, the doctrines in our country ignore the observations of the rights of action with the power of trail, and see the former is the production from the power of trail. So, all of above results to the imbalance to...