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Subject Matter Of Action Of Divorce Litigation In China

Posted on:2014-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:X C LeiFull Text:PDF
GTID:2256330401957469Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The theory of subject matter of action is one of the core issues in civil lawsuit. The field of domestic and foreign civil procedure law made a lengthy discussion on this theory, but so far it did not have a satisfactory result. Identification of subject of action theory has experienced from the old substantive law theory to the theory of procedural law, and then to the development of new substantive law. But each theory has a insurmountable defects. With the development of the civil legal relationship is becoming more and more complicated, the academic circles started to have a recognition according to different types of litigation. However, the controversy of the concept and identification standard continued.Action for divorce is relates to the marriage which relieves between the couples, so it belongs to the action of formation. Scholars have different views on this theory. They are about reasons for divorce, legal status and dissolution of the marriage. But they misfit some cases in practice. According to the specific situation of divorce cases, author put up with a theory to distinguish the subject of matter in divorce actions.Finally, through theoretical research of the divorce action, the author puts forward the methodology of research on subject matter of action. The research should not only focus on the theory without the legislation and practice case. It should ascertain the recognition of subject matter of action according to different circumstances of the case. Then on the basis of classical cases, classify and summarize the identification standard of subject matter of action, in order to meet the needs of practice.
Keywords/Search Tags:Subject of matter of action, divorce action, statement of action, reasons
PDF Full Text Request
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