Study On The Party’s Right Claim In Civil Procedure

This thesis is to explore the plaintiff’s right claim in civil action, that is, the right of civil substantive law. The degree of the credibility of China judicial is not in a top level. One of main factors is the imperfectness in constructing the law about the right claim in civil judicial action. Therefore, in the process of Chinese legalization, it has been laid a great emphasis on the implementation of the principle "running the country by law", especially, since the Fourth Plenary Session of the 18 th CPC Central Committee held in 2014. So, it is extremely important to strengthen the institutions which protect the rights of the party’s right claim in civil procedure.The concentrated reflection of the party’s right claim is that the party of the civil action in litigant claim makes a statement about whether the rights of the substantive law exist. Both the plaintiff and defendant can claim their rights which clearly reflects their litigation purposes, and expected legal effect. In some sense, the party’s right claim is the embodiment of legalization level in civilized society. The regulatory principles of the party’s right claim in civil procedure mainly includes: prohibition of repeated prosecution, partial request of prosecution, the improperness and legal consequences of right claim. Based on the classification, it gives a comparative study and synthetic analysis about the corresponding plaintiff’s right claim. And, it also had a discussion of right claim in civil action according to the integrity of the dispute development. This newly civil procedure law contributes a lot to improving the aspect of right claim. However, the construction of procedure law and its related system are not completed yet. Thus, in order to protect their rights, implementing entity regulation of the law and, strengthening interrelated system brook no delay.The PRC Civil Procedure Law does not specify the party’s right claim. Although there are some system involving some content about the party of the civil action in litigant claim, it is still incomplete and unsystematic. what’s more, some concrete systems are far from perfect. According the current judicial condition, the regulations of the party’s right claim need to be systematized and clarified and, system protection perfected. In tandem with the development of the economy, judicial space keeping expanding also has its historical inevitability.