Application Of The Theory Of Essential Facts In Financing Lease Contract Disputes

With the deepening reform of the judicial, the civil litigation theory which triesto provide basic theory for judicial reform also becomes deepening and innovative.However, the overemphasis on the guidance of the theory for judicial reform causesignoring the natural logic of its own. So the most important thing now is to create anew concept of tools and methodology to guide the judicial practice scientifically.In such a situation, the theory of essential facts exists as a strict, scientific, lawtheory. the theory of essential facts, according to the interpretation of the civil law,deals with the distribution of the burden of proof and plead. Its main function is tocommunicate between two fields: the trial system and attack-defense system; to guidethe litigation activity orderly, promote the lawsuit participates in a person is moreclose to the case facts, promoting the litigation procedure justice and efficiency.The article, based on application of the theory of essential facts in financing leasecontract disputes, is divided into four chapters.The first chapter, mainly elaborates the basic concepts of the essential-factstheory, including essential facts and the relationship between essential facts andlegal requirements, the application of the theory in the two legal family, and thesupport from two theory: the distribution of the burden of proof and plead.The second chapter, based on the financing lease contract basic theory, focuses on the applicable way of the essential facts. It states the application of the theory indetail as the order of the attack-defense system.The third chapter mainly introduces the application of the theory of essentialfacts in financing lease contract dispute lawsuit. To display how the essential factstheory commands litigation process by using specific cases in details.In the fourth chapter, based on the typical problems reflected in the case, throughperfect interpretation right system, the essential facts theory achieves to apply moreeffectively, to strengthen the procedure guarantee, to improve the efficiency oflitigation, to promote the development and progress of our country’s civil lawsuit.