The Theory And The Function Of The Lawsuit’s Elements

Since the modern times，the civil law countries，led by Germany，all pay attention to thelogical system on the theoretical interpretation and codification.The civil procedural lawunder this situation of the study, also in pursuit of the perfect logic as its duty. The theory ofthe lawsuit’s elements is an important branch of civil litigation of continental legal system，itpalys a important role in the repeating litigation identification、the scope of res judicata、thecombination and the alteration of the lawsuit.In a way, the above theory’s unfolding dependson the theory of the lawsuit’s elements. The theory of the lawsuit’s elements in civilprocedure law in our country is debated by many scholar,but most of the existing debate arevery superficial,almost no one based on the efficiency of the civil litigation system tounderstand the the lawsuit’s elements and the other theory.That is to say,the different theory ofthe lawsuit’s elements will make a different benchmark in the repeating litigationidentification、the scope of res judicata、the combination and the alteration of the lawsuit.Inthe perspective of the theory of the lawsuit’s elements,we can see the “butterfly effect”in thecivil litigation.About the lawsuit’s elements,the author considers that the three elements theory isreasonable，that is to say, the lawsuit’s elements is consisted of “the parties”,“the object of thecivil litigation”、“the basic facts”.On this basis， we can find out the benchmark in therepeating litigation identification、the scope of res judicata、the combination and the alterationof the lawsuit.In this paper, a total of the words is more than fifty thousand，besides preface andconclusion, the text is divided into four parts, the main contents are as follows:The description of the premise：The identification theory of the object of the civillitigation. This part mainly introduces the identification theory of the object of the civillitigation，and derivates the point of view that this article adopts：the old substantive lawtheory.The introduction and comment of the theory of the lawsuit’s elements. This part firstlyintroduces the concept of the the lawsuit’s elements, then all kinds of theory of the lawsuit’s elements. Through the way of permutation and combination of mathematical formula and theopposite argument, finally it is concluded that:“The parties”,“the object of the civillitigation”、“the basic facts”as the constituent elements of the lawsuit has legitimacy.The function of the theory of the three elements: the demonstration of “The parties”、“theobject of the civil litigation”and“the basic facts”——corresponding to civil litigation theory.This section will demonstrate the rationality of the three elements from the obverse side. Inorder to complete the demonstration，we need to pay attention to “the repeating litigationidentification”、“the scope of res judicata”、“the combination and the alteration of thelawsuit” of correlation with the three elements.The lack of legislation in our country and the suggestions. On the basis of the threeelements，we are able to find many deficiencies in legislation in our country. For thesedeficiencies，the author puts forward some suggestions to improve the legislation，making thetheory discussion useful to the juridical practice.