Civil Confirmation Not Tort Litigation Research

Civil confirmation not tort litigation is a new type of civil action, the reason it new, because it changed the holder of the plaintiff is past, and the accused infringer is suspected of the law. In our country, the civil confirmation not tort litigation and didn’t get on the civil procedure law of the formal recognition, so that the present situation of the civil tort litigation to confirm the lack of legal not the legitimacy of the unity and, the integrity of the theory. In this paper the research of our country civil system confirm no infringement litigation process of development, development present situation, and analyzes the civil tort litigation not confirmed in the continental law system and common law two legal system of the development process, and is currently the our country civil tort litigation in practice not confirm the problems existing in the process of, and in theory, we proposed the lack of perfect our country civil confirmation not tort litigation several Suggestions, in civil tort litigation not confirm the legal nature, such as should specify civil tort litigation should be confirmed not confirmed lawsuit, rather than infringement claims. This paper studies the our country civil confirmation not tort litigation, a civil suit to confirm the perspective of civil tort litigation not study, research in our country at present not tort litigation in the present situation, on the analysis of the exile confirmation not tort system after, put forward two legal system should be used for reference on civil tort litigation not confirm the legislation, refining its theoretical concept, in practice according to the possible problem of form a complete set of perfect dispute settlement system, which on the whole civil tort litigation to promote the development of confirmation not with perfect, to perfect the system of the infringement confirm don’t help the situation. Confirm to civil tort litigation shall be under the jurisdiction of and not a series of problems haven’t nature of the law clearly specified, and the judge for such cases in the concrete operation and hearing the decision more perplexed. In real life, people work of production and life in the environment, with people living needs to keep improving, the new demand purpose continuously improve, also occurs within the legal system as the new constantly new and improved, unceasingly for the solution of the society and the situation appears every day solution and system, so in this case, is the emergence of the law often also would be associated with judicial workers especially responsible for the hearing and the ruling the judge, in the face of the new legal problems in the practice of the theory and of emergent events appears have overwhelmed. This paper further in our country’s civil tort litigation not confirm acceptance conditions, the jurisdiction over cases in the form of trial, judgment and put forward a more detailed Suggestions and countermeasures to promote confirmation on the whole civil tort litigation not the development and improvement, to confirm the standardization of the tort system does not help the situation.