On Part Decision

Because of the theory circle of our country part request question the lack ofresearch, and no relevant laws have special provisions, so when the portion of therequest in our country appears, judges are often in a dilemma, not knowing whatto do. Compared with current situation of our country, Germany, Japan andTaiwan province in China this research has been relatively mature.So the author from the part of the request of phenomenon and reason tobegin, a careful analysis of the problem of all kinds of theory and the evolution ofGerman and Japanese precedents from many aspects, finally, proved our countryto a portion of the requested action should adhere to the attitude (i.e.comprehensive negation), and in the judicial practice of the processing sectionrequest question of judicial suggestions, in order to provide reference for practicevalue.In this paper, a total of more than thirty thousand words, except theintroduction and the conclusion can be divided into four parts. The main contentsare as follows:The first part: application overview.This part is divided into three parts. First of all, by our current judicialpractice in some typical cases leads to the portion of the request section requeststhe concept. Secondly, understand what is the part of the request, the author thendiscusses why some request question? The part of the author explored fromdifferent perspectives the request portion causes, specific performance in fiveaspects, namely, in order to reduce the burden of litigation costs and attorney fees,alleviate the burden of being a difficult situation, avoid the rank jurisdiction aswell as test procedure need. The author thinks, only to understand the causes ofthe problem, can better solve the problem. Again, introduced our country at the present stage is in part a request question theory and the practice research presentsituation. Write the purpose of this section, the author tries to arouse our attentionon the part of the request.The second part: part of the extraterritorial investigation requestThe main part of it, on the part of the doctrine of precedent requests, isbriefly introduced, the author attempts by the method of comparative study, drawlessons from his country on the part of the request of useful experience, in orderto provide the reference for the judicial practice in our country.Part Three: our country should adopt" on the part of the request ofcomprehensive negation".This part is the core of the thesis, the author shows herself to" negative",and from different angles are discussed, mainly displays in: from the first portionof the request generated reasons should adopt" Negation"; followed by allowingpartial request possible problems that should adopt the " Negation" civil litigation;third by the basic theory should be adopted" Negation"; by the end of China’sexisting laws that should adopt the" comprehensive negation"Part Four: to appear in practice application problems of judicialsuggestions.The part of the author mainly part of the request by" Negation"suggestions, the author thinks that China should be in the civil procedure lawexpressly allow in the forward portion of the request, in addition, in part due torequest causes court collection of litigation costs is unreasonable, then the authorwith respect to our country current litigation costs existing problems and putsforward some suggestions.