On The Part Of The Request The Establishment Of The System

Part of the requested action is in civil rights and obligations when a relationship (in money or other types of property in the amount of debt that has separability based) disputes taken to court, the plaintiff did not claim all the legal proceedings rights, only some claim the right to rest on its right is able to bring litigation. Sometimes the parties or because of lack of legal knowledge on the part of the reason for the lack of other claims or rights filed a lawsuit, then the remaining requests can sue it again? This article explores this issue. Part of the requested action litigation practice in our country often, but the theory and practice are not uniform conclusion. Some scholars have wasted judicial resources and increase based on being told the tired perspective on part of the request, because the negative part of the plaintiff filed a request; also have right to dispose of scholars and litigation from the parties just starting there part of the request should be allowed to come to the conclusion. This part of the request from the concept and the current situation of our country, through the part of the request and related Concepts and doctrine of the relevant part of the request, come to China to establish part of the request is reasonable, the final construction of the system on the part of the request to talk about their own views.This text is divided into four chapters.The first chapter is part of the request for definition of the concept. This chapter introduces the concept of part of the request, and requests for action on the part of the relevant provisions. To arrive at the request of some litigation there is no clear attitude and our system of regulations.The second chapter is part of the request and Related Concepts. This chapter is divided into three parts:the first part of the increase will be part of the request with the claim, repeated prosecution, abuse of the right to appeal and post-onset to distinguish between the concepts of damages; second part introduces the concept of part of the request and related intersection and contact. As part of the request and subject matter of litigation, the scope of res judicata and the right to appeal the objective theory of closely linked and affect the above theoretical approach on the part of the request, so in order to really understand the part of the request should also be clear with the subject matter of litigation, the scope of res judicata and the right to appeal an objective theory the relationship between the concepts; the third part introduces the theory of the relevant part of the request, there are, surely, denied that and said restrictions.The third chapter is part of the established system of asking for reasonable analysis. I believe that China should allow the parties to bring the general part of the request for two main reasons:the value of justice requires affirmative action part of the request, the parties enjoy the right to dispose of the underlying theory requires affirmative action part of the request, the scope of res judicata theory of objective requirements and from certain part of the request caused some Analysis of requests to allow proceedings to bring some of the reasons for the request is reasonable.The fourth chapter is part of the established system of asking for specific path. For plaintiffs, the plaintiffs should be expressed and only the first part of the appeal in favor of the request when proceedings can be instituted; as the defendant may raise objections or counterclaims; the same time judges should play its interpretation right. Finally, some of the requests and related systems to establish convergence.