Application Of The Theory Of Ultimate Facts In Construction Contract Dispute Proceeding

The theory of ultimate facts, as the significant theory in the science of civilprocedure law, has the guiding function to the practice of civil procedure law and playthe role of ‘bridge’ connecting the civil substantial law and procedure law. Theultimate facts of civil substantial law can be reflected by ways of judicial proceedingswhich itself is able to resolve the defect of substantial law. The claiming responsibilityand the interpretation right of the theory of ultimate facts set up a ‘field’ for the partiesin the civil action, a rule of attacking and defending, and guide the parties to attackand defend in the correct way. Any theory should apply to and direct the practice. So,how to utilize the theory to deal with an infringement case? Author pick aconstruction designing contract dispute to analyze in detail the application of thetheory of ultimate facts, conclude and extract the problem reflected therein.In this paper, the application of the theory of ultimate facts in the constructiondesigning contract dispute is elaborated in several parts as blow.Part one is theory elaboration. First of all, author introduces the theory of ultimatefacts in summary including the origin, concept, characteristic, function and otherrelevant legal concept.Secondly, author in paper emphasis on expounding theclaiming responsibility and interpretation right of the theory of ultimate facts.Claiming responsibility is a critical part of the theory of ultimate facts, not onlybuilding an attacking and defending system for the parties in the civil action, but also, which is more important, providing the basis for a judge to proceed with the trial andmake the judgment when the ultimate facts cannot be identified. Interpretation rightplays an important role in the part of orders in litigation, which, with the precedent ofplacing no impact on the neutrality of the judge, balance the capacity to action of theparties, guide the process of litigation and prevent the ‘speculative litigation’.In part two, combining the theory of ultimate facts, author analyze the articles oflaws applied to and relative to the contracts such as construction designing contract,extract the object of action in the articles, clarify the ultimate facts therein (includingthe facts of request and pleading).In part three, author selects a construction designing contract dispute case asexample, on the basis of theory of ultimate facts, comment and analyze the situationof attacking between the parties and the trial and judgment of the judge in this case.By analyzing the judgment, author tries to find the problem contained therein and thepoint worth to learn.In part four, author discusses the principle of justice in the civil law, including thesummary, application, limitation and function. With the combination of the principleof justice, author put forward the corresponding way of development andimprovement to the issues relevant to the theory of ultimate facts in this case.Firstly,specifying the ultimate facts in the specific case, offering the base of fairness andways of implementation to the claiming responsibility of the parties, which, as well,ensure each of the parties enjoying the equal status in the civil action. Secondly, withthe application of interpretation right of judge and accompanied by the advice andinterpretation of the expert witness, avoiding the substantive fairness resulting fromthe professional knowledge is brought to the process of trial. With the principle ofjustice as general guidelines, improving the theory of ultimate facts applied to the trialto promote the judgment to be fair and just and correctly playing guiding role in thelegal practice of the theory of ultimate facts.