Research On The Function Of The Theory Of Object Of Civil Action

The theory of object of civil action is one of the basic theories in the fields of civil precedure law.For long time, the research about object of civil action mostly focused on the identifying standard of object of civil action. The function of object of civil action theory has not been researched yet. In fact, the object of civil action theory has such an important position, just because of its function to other civil precedure law theoryThis paper, which selects the function of object of civil action as a new theoretical perspective, mainly analysed that how object of civil action takes effect to amalgamated claim, variation of claim, claim preclusion, and repetitive action.The research methods is systematic and practical.Furtherly, this paper studied the function in Chinese civil precedure law, and pointed out that the Civil Procedure in the legislative and judicial proceedings on the subject of specific operational deficiencies. On this basis, the author considered that we should reconstruct the theory of object of civil action before this we need do two important things. One is unifying the concept of object of civil action, the other is diversifying the standard of identification theory. As for the concept of object of civil action, the author adopted the statement of "one point limb theory", Which considered the abstract legal effect of plaintiffs claim as object of civil action. Therefore, object of civil action should be in accordance with plaintiffs claim, the "facts" should not be subject matter of object of civil action. Litigation elements such criterion is the subject matter of litigation is not necessarily the elements, both of which can be separated from each other. Depth analysis and argument in the above basis, the author pointed out that the object of litigation for the plaintiff in the statement of action under the premise of identifying the subject of litigation standard has two elements, namely, statements and facts appeal. If the complaint in accordance with the statement that only one factor to identify subject matter of litigation can be effective, then there is no need to introduce elements of fact. But, if the statement in relying solely on a factor that is difficult to identify the subject of litigation when can we introduce the facts to appeal statements and the fact that the two common criterion, as the action. Finally, the author and the subject of litigation in the reconstruction of the standard theory identifying the subject of litigation under the new function was improved.Specifically, this paper consists of four parts. The first part, given the current academic research on the subject matter of litigation little function, so the author in this part of the theoretical and practical level through the analysis of the significance of the object of action functions. The second part is the function of the specific subject matter of the proceedings begin, amalgamated claim, variation of claim, claim preclusion and repetitive action. Then, systematicly analysis the function of the underlying litigation. In the third part of the main functions of the subject matter of litigation in the civil action in the concrete embodiment of our country have been summarized and analyzed, so that the problem lies. The fourth part is the conclusion of this article, in the first three parts of the author based on the identification of the subject matter of litigation and the Reconstruction of the standard theory ideas.