Practical Significance Of The Subject Matter Of Litigation Dynamic Theory

Our late start of the civil litig ation, civil litigation and for the study of the theory of the subject is long ov erdue, it seems until the 1980 s, some scholars b egan to party published articles on civil litigation subj ect matter theory.However, as procedural justice, ADR, public interest litigation and other lively discussion in our country, because the subject of civil litigation theo ry too strong, the lack of clear practical significance and acad emic circles are "cold", and w as even considered a "pseudo-academic proposition".However, in the specific case, the subject of litigation proceedings as a party objects and objects tr ial judge, the parties attack and defense before the Court direction, is the soul of the case, to make a judgm ent on the prosecution throughout the whole process, rela ted to complaints change, add, repeat prosecution and objective scope of res judicata is determined, in the basic position in the civil procedure law, civil procedure law rela ted to the dynam ic development of three-dimensional.Mr. Nakamura of Japan Hideo said to the subject of litigation is the "backbone of the proceeding is to confirm proper party or not based on, is determined on the basis of the Court’s jurisdiction is to determine the party attack defense center basis, it is the judge lo oking for legal proceedings in accordance with the referee, it has important theoretical and practical value to study the subject of litigation theory.In this paper, the subject of civil procedure for the study, research and explore the subject of civil litigation theory of current legislation, to analyze the problems and the reasons put forward to build a dyna mic litigation subject matter theory, the m eaning and subject matter of litigation identifying criteria to distingu ish the subject of litigation, from prosecution phase change, litigation a nd trial stage phase referee o bserved the subject of litigation, the litig ation subject matter theory of dynam ic change research and actionable, additional prohibited between the objective and the scope of repeated prosecution of res judicata, from construc ted mandatory counsel system, improve the ranks of judges and the establishm ent of a wide range of dispute resolution mechanisms and other aspects of th e theory of dynamic subject matter of litigation procedural safeguards.In addition to the full text of the intr oduction and conclusion, it is divided into four chapters:The first chapter is an overview of the subje ct of litigation theory. The first section start with the subject of litigation origin start, bent over backwards to clarify the subject matter of litigation in the context of development, explore the meaning of the subject of litigation, and com parative analysis of the subjec t of litigation and claims distinction. Section II analyzes the pros and cons of the current m ainstream theory of the subject of litigation, more uni fied litigation subject matter theory and unified litigation subject matter theory deny said. Section III focuses o n research of current legislation and litigation subject matter theory, and thinking and analysis of the underlying causes behind the current situation.The second chapter is a dynam ic litigation subject matter theory. This chapter from the subject m atter of litigatio n theory of dynam ic meaning, value, and the dynamic changes in the litiga tion subject m atter theory at different stages of the development of the proceedings, in sight into the concept and criteria f or identifying dynamic object of action theory, change the subject of litigation explore the impact of development dynamics.The third chapter is a dynamic litigation subject matter theory "litmus test." This chapter mainly Joinder, change, prohibit repeated prosecutions and objective scope of res judicata four aspects of "litmus test" test the feasibil ity of the theory of dyna mic subject matter of litigation, explore its significance value.The fourth chapter is the subject of litigation procedural guarantees dynamic theory. This chapter focuses on the reality of defects for dynamic litigation subject matter theory, put forward the need for procedural safeguards established from mandatory counsel system to achieve the ra nks of judges and professional elite, build a diversified settlement mechanism and so on.