The Research On The Interest Of Suit On The Confirming Absence Of Debt Litigation

In the civil procedure law system,the suit is the core,all the theory is interpreted around it.Although there are many ways to classify the suit,generally it can be divided into three types: the action of payment,the forming litigation and the confirmation.The focus of the research in the field of Civil Procedure Law of our country is the litigation of payment,and the confirmation is lack of systematic discussion.And in judicial practice in recent years,confirming the absence of debt disputes in the field of the negative confirmation suit gradually increased.But these proceedings do not have relevant judicial interpretations constraints.What is more,in the civil procedure law Article 119 th,the provisions of the conditions for prosecution is too broad that makes the judges in the trial have no united standards to the cases among different codefendant situation.If elements "action of interest" hidden in the civil litigation can be used to regulate the trial of confirming absence of debt litigation.In this way,confirming absence of debt litigation will get better promotion in judicial practice.Meanwhile,it can also make the confirming absence of debt litigation to achieve better results in judicial practice.Including the introduction and conclusion,the full text is divided into five parts:The first part is the introduction of the case.In this part,the case is used to introduce the core of this paper,which means,whether the case satisfies the conditions to confirm the confirming absence of debt litigation.This case is composed of three parts,the focus of the case,the focus of controversy and the court processing results.The second part is an overview of the confirming absence of debt litigation.This part separately discusses the confirming object of the confirming absence of debt litigation,the actual basis of the debt litigation,the confirming absence of debt litigation's meaning and function and the characteristics of the confirming absence of debt litigation.Associating among each part,and finally leads to the core of this paper,the proving of interest of litigation is determinable conditions for prosecution.This part is the foundation for the following parts.The third part is the application of the interest of litigation the confirming absence of debt litigation.This part is the core content of the whole paper.Firstly,it discusses the relation between of the interest of litigation and the conditions for prosecution;secondly,it discusses the essence of interest of litigation;then,it discusses how to judge the interest of litigation in the confirming absence of debt litigation;finally,it discusses examining order in the judgment process.The fourth part is the case analysis,which is about the examining and judgment of the interest of litigation.This part takes theory back to the case,and explains in detail with the theory about the case.Then it gives a specific introduction about law making process about the confirming absence of debt litigation,and the judging standard and order of sensor on the interest of litigation.The fifth part is the extension of the case,which is about the status of China's the confirming absence of debt litigation and the revelation.This part is not only the end of the full text,but also the sublimation of the whole paper.Although there are various kinds of difficulties in the research and judicial practice,there is still unique research significance.The guidance of legislation and practice will eventually achieve a good development.