On The Specific Object Of Negative Confirmation Suit

As we known, negative confirmation suit is a kind of independent lawsuitin continental law system. Most countries and regions of the civil law, such as Germany,Japan and Taiwan area of our country stipulate the negative confirmation suit and its object.For the insufficient theoretical studies on negative confirmation suit research, there is no clearstipulation of negative confirmation suit in the provisions of the civil procedure law and onlybe involved in the judicial interpretation of our country. In this context, there is no in-depthstudy on confirmation object. Only few provisions can be found in judicial interpretationswhich are lack of operability. Therefore, improving the system, and efficiently taking the useof the function of the system is extremely pressing. So, the purpose of this paper is to exploreways to improve the system of negative confirmation suit through meticulous research on thespecific confirmation object.This article is divided into four parts; the basic content is as follows:The fist part introduces the basic theory of negative confirmation suit. On the one hand,in order to have a deep understanding of it, this part teases the venation of its historicalbackground and development and arranges and compares the theoretical references of thetheory. On another hand, it also discusses the confirmation object to discover the underlyingconcepts of confirmation object, and analyze the related concepts such as “the subject matterof an action” and “the object of litigation”. In the latter part of this chapter, I dissect theexisting theory to lay a theoretical foundation for the next phase of analysis.The second part introduces the traditional theory and its development of the specificconfirmation object. This part attempts to systematize the theoretical and practicalachievements of confirmation object in Germany, Japan and Taiwan area, with comparisonmethod of analysis. The negative confirmation suits’ object traditionally should be “the legalrelationship is not existing”, as an exception, the authenticity of instruments can be the objectof the negative confirmation suit. To meet the requirement of judicial practice, in recentyears, Taiwan area’s civil procedural law incorporated “the basic facts of legal relationship isnot exist” into the scope of negative confirmation objects. However, whether “the legal act isinvalid” can be the confirmation object has caused widespread discussion in the academiccircle. The third part introduces a few kinds of special negative confirmation suits’ concreteobject. On the basis of the clear division and comb of confirmation objects in the second part,this part mainly discusses the theoretical divergences and practical of several special negativeconfirmation suits’ concrete object, such as confirming the money debate non-existent,confirming the legal relationship between others non-existent, confirming the instrumentsuntruthfulness, Confirming the marriage invalid. This part combines the theoreticalachievements of the second part with the practice to explore the nature and function ofnegative confirmation suits’ specific object.The fourth part introduces present study, practice situation and direction of developmentof confirmation object. This part focuses on theoretical research and judicial practice ofnegative confirmation suit and its object in at home. There is no clear stipulation of negativeconfirmation suit in the provisions of the civil procedure law in our country. But there are afew regulations about negative confirmation suit and its object in the civil law, relevantjudicial interpretation and <the cause of action of civil cases> which was published by thesupreme people’s court in2008. But the scattered rules can not satisfy the needs of thisphenomenon. After analyzing the present situation, this article has made severalrecommendations from the perspective of confirmation objects for constructing andimproving the system of negative confirmation suit. This is temporary lodging of the article.