Font Size: a A A

To Analysis The Combination Form Of Litigation Claims

Posted on:2012-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2216330338459654Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
Litigation claim have an important status in civil procedure law, it is a necessary point in this legal system which is outstanding for it connect the substantial law and procedure law. Because of its important value, the parties must deeply consider when they make the claims; make sure that the claims are correct and complete. In the practical the party are required offer the claims when he begins the suit. However it is obvious in real life not all persons do well in the law problem, offer the claims may be a difficult thing for many people; moreover, they also may not employ a lawyer, so most times they even don't know claims to the court which can best protect their legal interest. Especially in a complex dispute, accord to the statutes, the party could have different remedies by their proposed claims, how the party to choose the claims may be a valuable question needed to emphasize. Whether the party put forward all the claims in one case or he may propose some left claims in other new cases pursuing the remedy. On this basis of phenomenon this article choose the dispute as the starting point, studying and anglicizing the combination form of the claims in practical, hope to give some advices to the parties, tell them in what morphology of dispute, there can put forward what claims.If we choose the disputes as the starting point, we still first need to have a basic knowledge about the litigation claim, such as what is its connotation;and what is its function in procedure law; why we need to analysis its practical role. So in the first and the second part we will introduce the definition and function of the litigation claim and make a superficiality analysis. The next stage of the article is most important part; it contains the complexity and innovational point. According to the destiny of essay, we divide the dispute into two kinds: single type and compound type of disputes. In the singe type of dispute, how is about the combination morphology of claims; while in the compound type of disputes, how is the combination morphology of claims? Especially in the compound forms of disputes, it's a challenge to discover the possible combination of the litigation claims, it usually need to summary all types of disputes, so the problem about the combination form of litigation claims can be clearly analysis. In reality, the types of disputes are so complex, just on the statute《cause of civil lawsuit》, there will be 361 types of claims, if we arrangement and combine all of them, it undoubted so large a project. At the same time, the types of disputes are reinforced everyday. So in this article, we just study the already existed disputes for anglicizing combination form, neither can be deeply considered about every legal relation. Because I didn't own many practical materials, there may have many disputes involve into, the combination form of litigation claims may be shortage to the real life, this would be the most pity in such article.In the essay, we make use of the comparison analysis method, comprise the definition of litigation claim with other countries and regions, when comes to the focal point of the article, I organize the mothodology of logic and arrangement and combine, put out a series of improper combination form of litigation claims, and ultimately determine what combination form of litigation claims should be exist. In order to make the article more perfect, the logic more smooth, when I search the material, I work hard to collect the many cases and statues about the Litigation claims, in a hope to compose more practical article to lead the party puts forward claims.
Keywords/Search Tags:litigation claim, civil disputes, civil procedure
PDF Full Text Request
Related items