Research On Requirements Of Litigation

The theory of " requirements of litigation" was put forward during the common lawperiod in German. Through great efforts of several generations of scholars of procedural lawof continuous research, the theory has become one of the important civil litigation theory inthe civil law countries like German, Japanese. It defines the legitimacy of litigation, and notonly outlines clearly the binary hearing construction of hearing of the proceedings and trial inthis case, but also points out the direction for the parties in the proceedings of the debate.However, the studies about the theory of requirements of litigation are rarely seen, and therequirements of litigation and the conditions for litigetion are also confused in civil legislation,making entities proceedings moved forward, resulting in a unique phenomenon that filing of alawsuit is difficult.Any one specific proceedings or litigation system in the history, in the specific period oftime, may contain some reasonable factors, so we do not deny the function and role that theconditions for litigation have at the beginning time. But by now, the provisions of currentlegislation on the conditions of a civil lawsuit is the product of doctrine of function and powerand the traditional idea of "value substance, devalue procedure". With China’s rapid social andeconomic development and continuous improvement of people’s awareness of their rights insociety, all types of litigation, as well as new disputes emerging, the conditions for litigationare "high-end". It not only affects people’s public rights relief, but also does not match themainstream civil litigation structure in the civil law countries. In this article, on the theoreticalbasis of the requirements of litigation system, we will have an empirical analysis about how toimprove the conditions for litigation in China.This article consists of the following four aspects:The first section describes the basic theory of requirements of litigation. Firstly, thedefinition and nature of requirements of litigation are analyzed. Secondly, the requirements oflitigation are classified academically. Finally, considering comprehensive relevant provisionsof national law, the specific composition of the requirements of litigation is analyzed.The second part discusses the specific hearing of the proceedings of the requirements oflitigation. Trial of the requirements of litigation, trial order and the burden of proof, not onlypoints out the differences of the requirements of litigation and case elements, but also outlines the binary hearing construction of case trial and litigation trial, and the proceedings will beclarified.The third part discusses the critical point of the requirements of litigation, the effect ofadjudication and the litigious issue. First of all, mainly with the theory of adjudged force andissue preclusion validity in the civil action, to analyze the effectiveness of the critical point onthe judgment of the requirements of litigation and the effectiveness of the judgment, withcomparison of adjudged force in the traditional sense, the specific nature of adjudged force oflitigation judgment will be concluded. Then, combined with the effectiveness of the courtjudgment, appealable issues will be analyzed.The fourth part is an empirical analysis of how to improve the conditions for civil suit inChina. The article, on the basis of the requirements of litigation system, analyses the need toimprove China’s civil suit conditions, combined with the problems in our practice, putforward specific ideas on the improvement of the conditions for action and litigation hearingsystem.