On Objective Alteration Of Claim

In the civil procedure law, the objective alteration of claim determines the effectiveness of lawsuit behavior scope and litigation overall development direction. Especially after the issues sorting procedure, in the event of the objective alteration of claim, the court should focus on relaxing the objective alteration of claim to expand the function of litigation to solve disputes, or the pursuit of the civil procedure law of concentrating hearing, avoiding issues in the latter stages of the judicial diffusion to delay the original lawsuit, as well as the problems such as what judgment benchmarks for trade-offs, actually need in the civil action theory to clarify. In many ways to understand the research results of relationship between objective alteration of claim and issues sorting procedure at home and abroad, combining with the judicial practice case of the objective alterative behaviors after finishing the issues sorting procedure, The author more deeply realized the procedural meaning contained by the problem of the relationship between the objective alteration of claim and the issues sorting procedure. Tracing its theoretical roots, it resulted from the balance of the litigation justice and litigation efficiency. In addition, it also associated with the civil litigation structure, the value of the pretrial procedure, the judge's interpretation of the obligation, the lawsuit ideas of timely put forward socialist and concentrated trial doctrine. In the current judicial practice, the forms of objective alteration are chaotic, law application lacks of unified clear criteria, issues in the pretrial procedure of practical operation and the legal effect is also flawed. Therefore, our country's present legislation about objective alteration system needs to be further improved. According to the effectiveness of the results of issues sorting, the objective alteration acceptability should be appropriate restricted, making the function of the pretrial procedure optimized, to better prepare for the essence litigation of the trial, and guarantee benign operation throughout the procedure.This article is divided into four parts. The first part is theoretical basis, firstly expounds the objective alteration on the basis of the basic connotation, then, on which to explore whether it has any affection in the perspective of issues sorting. The second part is on the investigation to the extraterritorial legislation, which discusses the extraterritorial legislation between objective alteration of claim and issues sorting, primarily has the comparative analysis on the civil law of France, Germany, Japan and Taiwan of China and Macao of China in our country legislation. The third part is about discussing our country's present situation about the relationship between objective alteration of claim and the issues sorting. Mainly from the theoretical research on objective alteration of claim, legislative defects and the system using three levels to analyze the judicial practice of our country and review its existing problems, on which to analyze the lack of effectiveness in the negative impact on the objective alteration applicable from our country's pre-trial procedures of issues sorting result. The fourth part is the perfect recommendations on our country's problem of the relationship between objective alteration of lawsuit and the issues sorting, mainly on the basic of the third part's analysis.