V. The Interests Of Research

With several courses of research by scholars at home and abroad for a few years, there is a considerable content in the concept of the interests of action. Focusing on its measuring criteria , scholars has fond a way to expand the functions of the Code of Civil Procedure ,which means regulating the community ,but less papers are concerned about how to standardize the interests of action and enforce its practicality. This paper, concerning about the basis of predecessors and summing up the results of judicial practice, comparatively analyzing three different methods of operation, suggests that the Court can combine those methods to enforce its practicality. Also, concerning about the nature of the concept of the interests of action ,with a analysis in methods of standardization and comprehensively cleaning the proceedings norms and the surrounding system , this paper interprets the true status of the concept of the interests of action for obtaining a whole theoretical understanding and promoting the dept of research on this concept.In addition to the introduction and conclusion, the text is divided into four chaptersChapter 1: the basic theory. This chapter is the core theory of the interests and the base of legal reasoning. Starting with analysis of the interests, with the view that the legal consequences decides the legal nature , I define that the nature of the concept of the interests is procedural. Subsequently, simple analyzing the right of action, I show that the right of action set up duplication of the review process, which makes a waste of procedure to make a bad effect on he right of action .Moreover, the concept of the interests could be independent, because it is very important due to the loss of right of action . Again, with the red line of the function of the interests, I divide the procedural consequences of interests into positive results and negative effects, and specify their function of specifying methods and object , and then study on the relationship between procedural law and the substantive law. Finally, basing on the degree of the combination of interests and substantive law, I specify the wheal of procedure effects of theory of the interest, which foreshadow the second chapter. Chapter 2: Investigation and magistrate. Appealing to the practicality of interests, it must be able to be proved and refereed. This chapter first analysis the benefit, shows that the interests of the theory of the interests belongs to the court and the appeal and the defendant, which reveals that the method of "norms " in the Burden of Proof is not reliable, and only the distinction of effect is correct. At the end of the chapter, I discuss the process of the judgement of Procedural Law and the substantive law.Chapter 3: study on the types. In order to study on the micro-level operational of the interests, I divide it into appeal for payment ,for confirmation and fore formation of a distinction .The appeal for payment is divided into now and the future appeal ,and I study their operational processes . Subsequently, I focus on the objects of the appeal for confirmation ,aiming at getting a whole concept, then I analyze the appeal for confirmation its effect and reveal that the appeal for confirmation should be only a supplementary means in action . Finally, I introduce the retrospective effect of appeal for formation and show that this type should only be s a supplementary means too.Chapter 4: the effect expansion. Base on practice, I affirm that the interest is capable of generating right and expanding the function of court. Basing on the recognition criteria of the interests ,I research on the relationship between substantive law and procedural law . Comparing the different methods of operation, I further distinguish the criteria into three and then offer a China's judicial system with some suggests .why? One hand, to enforce its practicality, on the other hand, to upgrade the status of our courts as a social dispute settlement body. At last, associating with the fitness of the parties, I reveals the dual lattice of interests in order to adhere to the procedures parties.