The Application Of The Theory Of Facts In The Litigation Of Inter - Contract Contract Disputes

Nowadays, the study of the theory of civil procedure is pushing at full steam, aseries of theories among Civil litigation have become areas of research focus, such asthe theory of object of ligation and the burden of proof, moreover, a mass of academicachievements have been owned by scholars. While, several problem has been exposedin the process of research, we can’t ignore the problem, especially the disconnectbetween substantive law and procedural law which is the most serious one. We arenow incapable of tackling the problem by outer facts, the methodology which ishighly praised by Nakamura law faction may provide guidance for our study, that is touse methodology to tackle the problem from inside. Under such background ofdisconnect between substantive law and procedural law, the Theory of ultimate factswhich is originated in Japanese judicial training is used for reference by us. As a lawtheory, the Theory of ultimate facts has a short history, while it has profoundtheoretical basis which is owed to scholars’unremitting efforts thus providesconvenience for our country’s research. At the same time, we should pay attention tothe fact that only when the static theory is applied to the dynamic practice, can thetheory be tested and its value be maximized. Recognizing the dispute of BrokerageContract as the object of study, this paper applies the Theory of ultimate facts to thelawsuit of dispute as mentioned to direct the attack and defense between both parties,the outcome is both fair and prompt. It can be divided into three parts:The first part is about the theory of ultimate facts which is the most basic and important one. It generalizes the basic concepts and essential characteristics of theTheory of ultimate facts, and gives a detailed description of its related concepts,features, institutional background, ideological origins, basic issues and majorfunctions.The second part is about the practice of ultimate facts. This part divides intotwo small parts: The former part applies the theory to the lawsuits of the disputes ofBrokerage Contract which classifies the remuneration one and the necessary expenseone, and summarizes the subject matter of litigation, the facts of request reason anddemurrer. The next part applies the theory to the specific case to analyze its elementsfacts in the attack-defense system, and points out the serious issues in the process ofhearing cases and making judgments.The third part is about the external relation of ultimate facts. It firstly givesadvices to the completion of the pretrial system by introducing the theory ofinterpretation, then gives suggestions to the reform of the civil referee book.As the theory of methodology, its value is not only reflected in the outcomebut also exerted in the process of thinking.In the process of applying the Theory ofultimate facts to solve the disputes of Brokerage Contract,I have been training how tothink and how to deal with cases.