On The Formation Of The Complaint,

The foundational methodology of epistemology is using the formal logic and the dialectical logic to sum up typical characteristics through numerous complicated social phenomena.In the field of civil procedure law,the research for the category of different civil proceedings has long been ignored,let alone the Action for Formation.Although the latter was seldom discussed in those former textbooks,the author of this dissertation would like to investigate into it,and elaborate her own opinions about the topic.The author discussed the three types of suit at first,and worked over the establishment process of the Action for Confirmation:"The distinctive eye-catching characteristic of the Action for Confirmation is that,constitutive judgment could alter the legal relationship.The Right of Formation in civil law makes the groundwork for the Action for Formation in the field of substantive law.Thus,the Action for Formation is widely accepted by the academia." After illuminating this process, the author analyzed the causes of the Action for Formation,compared the systems of the Action for Formation in some main countries of civil law system,and stated the reasons for the absence of the Action for Formation in the countries of common law system..After the comparative analysis between diverse definitions of the Action for Comparison by different scholars,and by working through the concept of the Right of Formation,the essential characteristics of the Action for Formation was concluded in Chapter 1.In Chapter 2,the existing oppugns upon the Action for Formation were deliberated.Then the differences of the three type of suit were compared, and their distinctions were figured out.The author deemed that,the Action for Formation boasts its own value,and should be affirmed.The partition of three types of suit was reasonable.In Chapter 3,the subject matter of the action of the Action for Formation was probed.The author made comparisons between main theories of the subject matter of the action,analyzed dissimilar opinions of scholars,and got a conclusion that the der einsgliedrige Streitgegenstands begriff is the best subject matter of the Action for Formation.The main topic of Chapter 4 was the judgment characteristics of the Action for Formation,and the scope of res judicata.Chapter 5 focused on the classifications of the Action for Formation, and summed up the category of the Action for Formation in Chinese civil proceedings.At the end of the dissertation,the author emphasized her opinion that the Action for Formation should be established in the Chinese civil procedure system.