The Application Of The Facts Corresponding To The Legal Requirements In The Lease Contract Dispute Litigation

The facts corresponding to the legal requirements, which means that the mattersof the cases could lead to the parties’ rights to be generated, hampered，exterminatedor suspended. The Education of Judicial Research and Training School in Japangenerated the theory of the facts corresponding to the legal requirements. This theoryhas been widely recognized in the theory and practice in Japan. The theory can openup the boundaries of civil law and civil procedure law. It promotes the culture oflitigation mindset. It demonstrates the value of the Civil Procedure Law in judicialpractice. This paper studies how to apply the theory of the facts corresponding to thelegal requirements in lease contract litigation. In other words, this paper studies howto use the theory in the specific contract dispute lawsuit based on the factscorresponding to the legal requirements. The general idea of this paper is as follows.Firstly, the facts corresponding to the legal requirements are discussed. Then,summarizing the lease contract disputes lawsuit with the theory. Thirdly, analyzing arepresentative case with the conclusions above. Finally, it needs to evaluate andimprove the problem.This thesis except introduction and epilogue is divided into four chapters.The first chapter is an overview of the facts corresponding to the legalrequirements. Discussing the basic meaning, the intrinsic value and the theoreticalbasis of the facts corresponding to the legal requirements. The theoretical basis includes the understanding and using the burden of proof on the Civil Procedure Law,the subject of litigation and the claim responsibility. The author attempts to analyzethe rule in thinking about the facts corresponding to the legal requirements.The second chapter mainly discusses, based on the theory of the factscorresponding to the legal requirements, the types of the theory in the common leasecontract dispute lawsuit. This section first introduces the concept, types andcharacteristics of the lease contract. In addition, according to the law, it analyzes thefacts corresponding to the legal requirements that the establishment of the right torequest and the rights of defense in various types of lease contract dispute lawsuit.The third chapter mainly evaluates the value of the theory with a specific case oflease contract dispute lawsuit. This chapter is a form of the case study. It explains howto apply the theory in the specific litigation. The part mainly evaluates theconfirmation of the subject of litigation, the attacks and defenses of the parties and thecircumstances of the case trialed by courts. This part not only described the case andthe trail, but also evaluated with the theory in order to find the inadequacies of thecourt decision.The fourth chapter mainly, against the deficiencies of the above proposed,proposed recommendations and improvements. The perfect way to improve is the useof the facts corresponding to the legal requirements in the system of civil complaint,thus realizing the application of the theory in our judicial practice.According to the study of the four parts above, it complete the transfer of thetheory in the lease contract dispute lawsuit from the theory to practice. This type ofresearch methods has great theoretical and practical significance for the theoreticalresearch in the facts corresponding to the legal requirements in our country.