Study On The Interest Of Litigation For Future Prestation

In this paper,the author makes a comparative study on the interset of litigation for future prestation from perspective of the failure to return the deposit.In particular,this paper firstly introduces the general theory of litigation for the future prestation and the three basic criteria for measuring the interset of litigation for future prestation.Then the research focuses on the legislation and case theory of Germany and Japan.And make the research on the basis of its legislative origins and case theory.Afterwards,with the guidance of the three basic criteria and combaine with the case theory and the provisions of Article 135 of the Japanese Civil Procedure Act,which have been fully discussed,four elements of the interset of litigation for future prestation are obtained: "Requested Specificity "," the possibility of conditional achievement "," the right of claim to be specific in the judgment of the subject "," the necessity of a pre-requisite ".In addition to the introduction,this article is divided into four parts,more than thirty thousand words.The first part,the basic theory of the interests of litigation for future prestation.This part begins with a brief exposition on the basic concepts,characteristics and institutional functions of the litigation for future prestation.Secondly,the basic measure of the interset of litigation for future prestation is given a more general induction,laying the foundation for the subsequent analysis of the interset of litigation for future prestation.At the end of this part,the author analyzes the types of litigation for future prestation on the basis of the differences between Japan and the United States on the study,and determines that the discussion of this article is centered on the right to return the deposit.The second part,the comparative study on the interests of litigation for future prestation.This part is the main part of the paper,respectively,Germany and Japan ligislation on and the case theory on the litigation for future prestation with a more detailed introduction and analysis.First of all,to elaborate the German legislation on the litigation for future prestation,and to provide a more detailed description of the provisions of the current civil action code in Germany.Then,through a study of a classic case,the " the specificity of request in the complaint " elements.Later,this article also through the two classic jurisprudence,the"specific possibilities for request" elements were studied.Then,this article analyzes Japan's legislation and case theory.First of all,the litigation for future prestation.in the Japanese legislation in the history of Japan and the current civil procedural law on the future payment of the provisions of a brief exposition.Then,the author makes a study on the "proper claim right" elements in the famous Osaka International Airport in Japan,and analyzes the relationship between them and the center of this paper.Finally,a further case study of specific possibilities was examined.The third part,the interests of the the proceedings which request to return the deposit that the performance does not come.This part is the center of this paper,and it is the basic conclusion of this paper.In this part,this article first of all from the German and Japanese related legislation and jurisprudence in the inquiry to determine the intersets of litigation for future prestation of the four elements of the interests of the general exposition,and then use the case mentioned in the opening of the four elements Test analysis,and come to the conclusion that the case does not have the interest of the action.The fourth part,tinking of the improvement of Chinese ligislation.This part is the ultimate goal of this article.In this part,the author first gives a brief analysis of the legislation and research status of China's litigation for future prestation,and then puts forward some suggestions on the legislation of our country in the light of the thesis and the conclusion.