The Legality Of The Part Of The Request Argument And Its System Design,

The main issues of a partial claim is the question which the parties whether could take residual claims into proceedings after definitive judgment from part claims of the civil procedure, which would be very affected substantive rights of parties for the effective protection. But the problem is that the way of a partial claim would be likely to waste judicial resources, which actually representing different positions on the controversial issue of scholar the theoretical study of part claims is rather scarce in our country and different treatments exist in judicial practice while there are many theories point of view and established case law in all of countries. Based on this, I hope part claims would be clear in civil procedure and reduce the distress of parties and judges.This article mainly discusses from two aspects:On the one hand, the another made a definite judgement on whether the partial claim is permitted or not. On the other hand, the article constructed the rules of partial claims. To be specific, the article firstly discussed on the legality of the partial claim from the perspective and its pros and cons of Germany,Japan and other countries, pointing out that any doctries must be consistent with the actual situation. This article also analyzed through two ways of the exerobe of rights of party and the cause of partial claim,deeming that legislators can not make the laws which are bad for parties in ordor to save court resources, and also claiming that partial claim must be consistent with the reality of Chinese laws.