On The Interests Of Suit For Confirming Not Tort Suit

Confirming not tort suit, a new mode of lawsuit, has come to people's horizon in the territory of intellectual property of China from the new century. As a rule, victim plaintiff and tortfeasor doubted defendant, but confirming not tort suit changes the roles of two parties. And there is no living law to regulate this suit in our country now, which perplexes people who engage in juridical practice and jurisprudence. And the most perplexing question of confirming not tort suit is the interests question of it. In the perspective of Chinese juridical practice, this essay has full research on a series of problems about the interests of suit for confirming not tort suit, ie, whether we promise its interests of suit or not, and with check them or not, and how to check them, and so on. In all, to some extent, this essay tries to make contribution to Chinese juridical practice, legislation, and jurisprudence.Contents of this essay:Introduction: This part introduces the context of research, the effect of research, the definition of concept, the introduction of research on this subject, the outstanding parts, the methods and routes of this essay.Chapter 1: The Essence of Confirming Not Tort Suit In The Territory of Intellectual Property and The Interests of Suit. Because our attitude towards the interests of suit for confirming not tort suit rests on our recoganization on it's attributes, different essence theories result in different attitude towards the interests question of it. This part explores the"Should not be a suit"theory and the"Tort suit"theory, and gives confirmation to the"Confirming suit"theory. Specifically, confirming not tort suit is of"negative confirming suit". Finally, it draws a conclusion that, not we deny the interests of suit for confirming not tort suit only, but to some extent, check them.Chapter 2: The Interests of Suit for Confirming Not Tort Suit In The Territory of Intellectual Property. This part explores the"Consciousness"theory, the"True disputes"theory, the"Negotiation"theory and the"Threat"theory, and comes up"Provokationsprozess"theory and proves it. This theory devises an order called"Provokationsprozess". In the procedure, tortfeasor doubted must proves that, he or she receives the tort warning from victim, and which makes his or her interests under severe threats. Then, judge sends off an order called"Provokationsprozess"to victim to hurry he or she up to bring suit. But, there are some exceptions to validity of the order.Chapter 3: The Common Interests of Suit for Confirming Not Tort Suit In All Territories. Firstly, this part has research on the interests of suit for confirming not tort suit in the other territory of China in future. It argues that negotiation is indispensable process before tortfeasor doubted filing confirming not tort suit in the territory of Chinese insurance in future. And by economic analysis of law, it demonstrates the process that the interests of suit for tortfeasor doubted to bring confirming not tort suitcome into being. Then, in terms of jurisprudence and the modes to communicate the object of suit, this part gives an analysis to the common interests of suit for confirming not tort suit in all territories. For example, not can we confirm jurally tort relations only, but factually tort relations. And not tort relations"at present"only, but"at past"and"at future". And not tort relations between plaintiff and defendant only, but a third person.End: This essay comes up that, there is a hierarchy in the interests of suit in jurisprudence. And it defines the grade of the interests of suit for confirming not tort suit in our jurisprudence. And it predicts that some right will come into being under this suit.