On Appeal, Recognized

Action for confirmation is one of the basic types of litigation. It is said "the basis of litigation" and "the prototype of litigation" for its importance. Wo do not pay enough attention to Action for confirmation. Firstly, the study of Action for confirmation is not Comprehensive, systematic and in-depth in theory; Secondly, the system of Action for confirmation is lack of a corresponding legal basis in Long-term in our country. Finally, judicial practice can not give full play to Action for confirmation.This paper seeks to explain the basic theory of Action for confirmation and to explain the key of theory of operation of the system of Action for confirmation systematically, and briefly discuss the legislature of Action for confirmation in future, and propose some personal views according to the above statement.Besides the Introduction and Conclusion, this paper is divided into five chapters:ChapterⅠmainly cames on general introduction in the division of litigation. This Chapter is divided into three sections. According to academic definition of Action for confirmation, the first section explains its basic meaning and then briefly describes the important role of action. The second section introduces the classification of litigation. The third section describes the important value of this classification of litigation. The purpose of this chapter is to comprehensively explain Action for confirmation.ChapterⅡis to introduce and explain the basic theory of Action for confirmation. This chapter is totally divided into Four sections. The first section is to explain the underlying causes of establishment of Action for confirmation in the 19th century. To analysize the reason of establishment of Action for confirmation is to fully exploit the value and functions of Action for confirmation. The second section analysizes the different views about Action for confirmation, and provides a more opening definition. The third section introduces two important categories of Action for confirmation: Positive action for confirmation and Negative action for confirmation, Independent action for confirmation and Middle action for confirmation. Its purpose in doing so is conducive to better study Action for confirmation in theory, and to better regulate Action for confirmation the judicial practice. According to the classification by Japanese scholars, the fourth section introduces and explains the three major functions: preventive remedy function, fundamentally settlement of disputes function and regulation of remedy function. Its purpose in doing so is to make the full attention to the vital and unique value of Action for confirmtion.ChapterⅢintroduces the basic features of Action for confirmation. ChapterⅢis totally divided into two parts. Compared with Action for performance and Action for alteration, the first section introduces and explains the basic characteristics of Action for confirmation. Its purpose in doing so is to acquire a more detailed and in-depth understanding for Action for confirmation. According to the relationship of the three basic types of actions, the second section is to explore the status of Action for confirmation among them.ChapterⅣdescribes the key of operation for Action of confirmation: interests of Action for confirmation. This chapter is the core of this paper, and it divided into two sections. The first section introduces and explains the basic theory of the interests of litigation in detail which is the premise of litigation. It is to provide guidance for the interests of Action for confirmation. The second section describes the interests of Action for confirmation in detail from the broader perspective of its definition. As the theory and judicial practice regulate the interests of Action for confirmation through multiple standards, this section introduces the interests of Action for confirmation in detail from the broader perspective of its definition. The broader perspective meaning of the interests of Action for confirmation includes the theory of appropriateness of the subject or object of Action for confirmation, and the theory of the narrow perspective meanings of the interests of Action for confirmation. Firstly, to analysize the subject of Action for confirmation is to judge the interests of Action for confirmation and provide a basis for more specific considerations. Secondly, it mainly explains the more controversial aspects of the object of Action for confirmation. Its purpose in doing so is to judge the appropriateness of the object of Action for confirmation, and to find confirmation of the existence of interest of Action for confirmation in judical practice. Finally, this section also introduces and explains the basic theory of the narrow perspective meaning of interests of Action for confirmation, the fundamental basis to consider the interest of civil action and how to identify the basis of the interest of Action for confirmation in judical practice.ChapterⅤintroduces and explains the necessity of Action for confirmation to legislate, and provides some personal thoughts and suggestions on it. This chapter divided into two sections. The first section describes the necessity of Action for confirmation to legislate. This paper holds that the development of the society have provided favorable conditions to meet the necessity of legislation for Action for confirmation. The second section provides legislative proposals on the system of Action for confirmation.The above exposition is only initial research on basic issues of Action for confirmation. I hope this paper may cause more attention and discussion to Action for confirmation in future among.