Research On The Theory Of Object Of Civil Action

The object of civil action is the key theory of civil procedure. The object of civil action is called as backbone of the whole theory of civil procedure. Both in the theory and practice of civil action the object of civil action is very important. However, nowadays scholars in China have not paid enough attention to the study of the object of civil action when we review the previous researches and the range of discussion confines in several theories that have not been studied further. On the basis of analysis of definition and characteristics of the object of civil action, the paper ascertains the content of the object of civil action again combining with the current aim of civil procedure. It hopes that the object of civil action can play an important role in civil litigation and especially in practice of judicature. The whole dissertation can be divided in four chapters.Chapter one: Confirm the basic definition of the object of civil action and its three attributions. And analyze the reason for the generation and development of the object of litigation in the continental system.Chapter tow: The theories concerning object of civil action are evaluated. The key to the discussion on the theory concerning object of action is how to solve plural objects of civil action caused by conflicts of rights of claim in civil law. Both substantive law theory and procedural law theory have merits and demerits.Chapter three: Discuss mainly about the close relation between the object of litigation and the other theories of civil procedure and the focus is on the relation with the aim of civil litigation, the theory of litigation right and res judicate theory. It is thought that the aim of civil procedure is the spiritual guidance of the development of the object of civil procedure. Make certain that the aim of civil procedure is to solve dissension at once and this point of view provides basis for the theory that regards dissension as the object of civil action. Moreover, discuss the important effect of the object of civil action in practice of judicature and prove that the object of civil procedure has instructive influence on the practice of...