Study Of The Party's Obligation To Claim In Civil Litigation

The party's obligation to claim in civil litigation means that the party shall lose the litigation unless he or she states the favorable opinions and facts.The concept of the party's obligation to claim derives from the doctrine of adversary and its theoretical construction closely depends on the basic principles of the doctrine of adversary.Thus,with the modification of the doctrine of adversary in modern society,some modem values of litigation,which include the promotion of litigation and the prevention of surprise attacks,have been strikingly embodied in the theory of the obligation to claim in civil litigation.In a civil litigation where the operation of the doctrine of adversary is adopted,the party must state the favorable facts in detail based on the legal principle of the party's obligation to claim in civil litigation.However,the party shall not state arbitrarily for his or her own interests.To a party,the application of the obligation to claim in a civil litigation aims at maintaining his or her interests of defense and the court's interest of trial.Meanwhile,its application is necessary to make the party's obligation to claim specific and legitimate.Only with the specification of the obligation to claim,would the court effectively judge whether the party's claims are necessary to be investigated as evidence and prevent pre-judgments and guarantee the proceedings in order.