On The Formation Of The Complaint,

Based on the different effects and contents of judgment when request is acknowledged, different kinds of requesting judgment and different ways of solving disputes, litigations is divided into three types respectively: Action of performance, Action of confirmation and Action of formation. The standard of division is the foundation of law scholars' research on different types of litigation, on the basis of which the author carries out research on action of formation .Based on basis of litigation theory, the thesis expounds historical changes, concept characteristics, specific types of action of formation, and controversial fundamental problems. In addition, it discusses the application of litigation object theory, litigation interest theory in action of formation with practical operation. Finally in light of practical operation, proposal of Action of formation, theory in judgment and lack of action of formation in our nation are demonstrated.The thesis is divided into five chapters besides introduction and conclusion:ChapterⅠbriefly expounds the fundamental theory. There are two parts in this chapter. Besides the concept of litigations well as litigation theory and litigation theory, legal relation in the litigations also simply explained; dual connotations of litigation are illustrated in light of litigation right theory, the meaning of litigation concept is analyzed, and it is put forward in the thesis that litigation theory is the premise of action of formation theory. In the second part of this chapter, litigations divides into several types with brief explanation of each type. Moreover, the significance displayed by the establishment of three litigation types is proposed. This chapter mainly lays the foundation for comprehensive discussion of Action of formation theory.ChapterⅡexplains basic theory of Action of formation, including four parts. The first part discusses formation processes of Action of formation and significance brought by establishment of Action of formation, and comes to the conclusion that Action of formation is endowed with significant historical value and realistic meaning through historical accumulation. The second part expounds the concept and features of Action of formation. It is relatively difficult to strictly define the concept of Action of formation, and the features are proposed on the basis of relatively reasonable comparison with other litigation types. Therefore, its features cannot be perfectly displayed, which becomes a difficult point and also defect in division of action of formation. Based on the content of second part, the third part puts forward division theory of action of formation, emphatically analyses action of formation in procedure law. It aims to affirm the role action of formation in procedure law plays, expecting to solve the theoretical problems to some extent. On the basis of the third part, the fourth part defends for the controversy towards action of formation. The independence of action of formation is questioned due to the difficulty in generalization of its type feature. The fourth part proves the independent status of action of formation and supplements Action of performance,action of confirmation functionally.ChapterⅢdiscusses the institutional value of Action of formation. This chapter contains two parts. One part demonstrates definition of value and accessorial function of Action of formation during the litigation interest. It aims to grasp direction of litigation in order to guarantee realization of the objective of Action of formation and embody the institutional value of Action of formation. Meanwhile, the other part, which is core content of this chapter, has a further discussion of the institutional value of Action of formation in details, so as to give prominence to the important position of Action of formation.ChapterⅣexplains interests of litigation and the theory of litigation object as operating Action of formation. This chapter is also divided into two sections. The first section states firstly the definition and doctrine of litigation interests. Then it points out a criterion during practice, which lays theoretical foundation for interests of Action of formation. Moreover, it dissertates interests of Action of formation and puts forward the trait of interests of Action of formation. Meanwhile, it also analyses interests of Action of formation in procedure law, and states its indivisible relation with entity. At last, it brings forward, that on the basis of typical examples, we should understand interests of Action of formation from a comprehensive perspective—prescriptive nature, effectiveness as well as practical meaning of solving dissention. The second section describes the operation of the theory of litigation object in Action of formation. It gives a brief comment on object of litigation doctrine and understanding during practice, and makes a further analysis on litigation object of Action of formation.ChapterⅤanalyses the practical theory of Action of formation. This chapter has three parts. The first part briefly introduces impleading of Action of formation, aiming to show necessary condition of Action of formation. And the second part analyses theories involved in the different procession during the judgment of Action of formation. Its purpose is to avoid problems from judicial practice. The multiple force of the result of Action of formation decides cautious nature which should take enough consideration from the litigant perspective. The third part expounds the opening of Action of formation in practice.The above exposition is only initial research on the theory of Action of formation. I hope this paper may arise more attention and discussion on Action of formation in future among.