Application Of The Ultimate Facts Theory In The Sales Contract Disputes In Litigation

The ultimate facts theory is originated in Japan in recent years, as the guidanceof methodology has been applied in judicial practice of civil litigation of nationallitigation academic attention in a certain range. According to the hermeneutics ofcivil law and the classification of elements to law theory, the provisions of thesubstantive law to all kinds of facts, in civil litigation is by which parties the burdenof claims and the burden of proof theory. The ultimate facts theory introduction totwo parties and judges guidance litigation field behaviour in court, clarifying therights and obligations of the parties, the formation of the dispute risk consensus, thenimprove the quality, promote the cultivation of legal occupation the formation of thecommunity. Training of legal occupation community in China remain stagnant for along time, while Japan relying on the ultimate facts theory training model will giveChina judicial practice to bring a bit of help.In this paper, through the method of comparative analysis, normative analysisand empirical analysis, the ultimate facts theory to analyze the system description.With the sales contract disputes as the breakthrough point, to explain the specificconditions in theoretical analysis of the case in practical operation, launch of theattack defense system.Combined with specific trials examples, locating the differences betweenlawyers and judges logical thinking of explore current trial process. Wish by means of the ultimate facts theory to integrate legal thinking of lawyers and judges, andmake recommendations to strengthen the legal basis for education and other aspectsof a unified judicial examination and inspection requirements for learning factstheory, docking form a unified legal professional community way of thinking, to beable to benefit our training model of innovative legal occupation community.This paper is divided into four chapters:The first chapter, outlines the ultimate facts theory. By introducing the origin ofultimate facts theory, defines the related concepts and describes its relationship withthe civil substantive law and the procedural law of the traditional litigation fieldmethod, clear the ultimate facts theory status. In procedural law as the legal basis ofthe ultimate facts theory of perspective, emphasis on ultimate facts theory of burdenof proof theory and burden of claims theory.The second chapter, the sales contract dispute as an example, Specificallydiscussed the fact that the ultimate facts theory in judicial practice, the fact that thetheory Analysis of requirements in all aspects of the deployment method and thecorresponding elements of fact retrieval method. Contract dispute litigation in thecommon subject matter delivered, the subject matter of the burden of risk and thetype of warranty liability disputes applicable model for analysis, setting out both theoriginal defendant may commence an attack defense system framework.The third chapter, with a practice court cases, specific differences referee duringthe proceedings and results of the fact that elements of the case between the resultsof theoretical analysis comparison. Behind lawyers and judges to take specifiedoperational differences are differences between the two legal thinking on. Topromote the quality of trial, it is a need to coordinate the thinking modes of lawyerand judge and then forming the unitive thought of legal group.The fourth chapter, make suggestions of how to perfect the training mode ofChinese legal group. First of all, explain the function of the ultimate facts theory inthe litigation activities, to explore the ultimate facts theory as a methodology tolitigation legal thinking between lawyers and judges effective docking. Secondly,analyzed the reason of legal occupation community can not effectively formation in our nation. Finally, suggestions, starting from the basic legal education and judicialexamination, strengthen the theory of facts of essentials of education assessment,strengthening the legal thinking mode of legal occupation community.