The Theoretical Extension And Practical Application Of The Theory Of Litigation

The theory of object of litigation is to identify the subject matter of litigation in resolving the concurrence claims under the circumstances the subject of litigation in the standard-setting process, and continuously push forward the development of a series of theories, having the traditional theory of the object of litigation and new theory of the object of litigation.Based on the full discussion about the concurrence of claims challenge to the traditional theory of the object of litigation and how the new theory of the object of litigation forming, focusing on exploring how to adjudicate the concurrence claims from the perspective of litigation proceedings,combined with the author while studying in Taiwan of China, learning about the theory of object of litigation,and collected the judicial practical operation, etc. in Taiwan, the use of case studies and research methods of comparative analysis, respectively, from the court of Taiwan China and the Mainland China hearing the case in order to introduce a more systematic manner Taiwan court hearing the case of competing claims and analyze properly or not, based on the vision of the future of the Mainland China court how to adjudicate the cases of concurrence claims.This dissertation is comprised of four chapters.The first chapter analysis the theory of object of litigation’s influence from the concurrence claims, discusses about the concurrence of claims challenge to the traditional theory of the object of litigation and how the new theory of the object of litigation forming;The second chapter focuses on exploring how to adjudicate the concurrence claims from the perspective of litigation proceedings and analyze the main obstacles to the practice of the new theory of the object of litigation;The third part is the most important one in this dissertation, starting with introducing the development of Taiwan from the theory of object of litigation,using Taiwan academic and classic case, Taiwan “Supreme Court” case about the concurrence claims, and to focus on the purpose of and necessity about the judge’s expounding;The last part is to analysis the problems of current law andjudicial practice in Mainland China about the concurrence of claims,combined with the third part of the judge’s elucidative obligation to conduct discussions that, whether the traditional theory of the object of litigation or new theory of the object of litigation, in order to achieve a rapid and just solution, shall be combined with the judge’s elucidative obligation.