Study On The Object Of Civil Action

The theory concerning object of civil action that is one of core theories among the basic theories of civil procedure in system of civil law , has the extremely vital role and the significance in the civil action. Since the middle of 19^th century , the civil procedural law circles in civil law participated in the big academic discussion of the theory concerning object of civil action , which promoted the entire system of civil action into the prosperity and the development. On the contrary , the China's mainland hasn't paid enough attention to the study on the object of civil action. But the object of civil action is the key in the system of civil action and has instructive influence on the practice of judicature , which decides the reality urgency to research the theory concerning object of action in our country. Based on these , the author argues the related questions with the topic of the construction a new theoretical structure about the object of civil action. The whole article is made up of three chapters besides a preface and the conclusion.Chapter One , Fundamental theory concerning object of civil action. Firstly , the author argues and reveals the meaning of theory through introducing different attitudes in our country and abroad. Then the author proposes "the new double meaning theory" recognizes the object of civil action. Secondly , this chapter introduces character,function of object of action and compares between object and other concepts of civil action in order to highlight the value and significance of theory concerning object of civil action in the civil procedure law.Chapter Two , All kinds of theories concerning object of civil action are introduced and evaluated. According to their historic order , the chapter introduce the theories concerning object of civil action in civil law. These theories involve traditional substantive law theory,Procedural law theory and new substantive law theory . Both substantive law theory and procedural law theory have merits and demerits. Finally , the author analyzes the thread through different theories and brings forward factors which have been considered.Chapter Three , This chapter is composed of three parts. Partâ… estimates the present situation of the theory from three parts such as the theoretical research,the litigant legislation and judicial practice. Partâ…¡elaborates how to construct the theory concerning object of civil action in our country. Firstly , the author sums up factors which should be considered when construct a theory of object of action in our country, which lies down the foundation of construction of object of civil action in our country for next research. Secondly , the author states "the new double meaning theory" through comparing "double meaning theory" with "the new one". On the basis of the new double meaning theory , the author advocates that the traditional substantive law theory and "one-arm theory" recognizes the object of civil action together. Finally, The author recognizes the concept of object of action in various civil litigation and sums up resonability and necessity of adopting "new double meaning theory". Partâ…¢suggests that we should try to improve systems of civil procedure in order to ensure the implementation of new double meaning theory such as pleading and the system of interpretation right.