The Study Of Court's Clarification To Partial Claims

By taking the plaintiff's reasons to split payment claims as the standard,we can divide part-lawsuit into six types: subjective omissions,express reservation,subsequent-happening,defendant's insolvency,evation of jurisdiction and malicious litigation.As is seen in China's local judicial precedents,the majority of Chinese courts reject the plaintiff's rest claim based on the theories of adjudged force and assert that it runs counter to“Against Double Jeopardy”.It should be noted that although the legal relationship and the fact of the partial and the rest are common.Based on the principle of disposition,the determined amount in the text of the judgment should not exceed to the amount of the rest claim.The rest claim has not become the pre judgment's descition object.Hence,the adjudged force of partial final judgment cannot cover the rest.To conserve the interests of the defendant and realize economic action,legislative and judicial policy should not allow the arbitrary division of claims.To achieve the purpose of the prohibition of the rest claim action,the institutional arrangements should look for designs based on which the judgment of res judicata can be expanded to the rest claim.Via Aufklaerung like "the plaintiff,why do you want to split the claim?",the court can detect the plaintiff's motivation to split the claim.According to the different types of motivations,the court can make a difference: if the segmentation claims have legitimate reasons,allow further action;otherwise,banning it.After the interpretation,to pursuit a one-time dispute resolution,the court should relieve the limits to the requirements of action adds and joinder,giving the parties the opportunity to complete payment request.If the parties do not complete the claim,the court could think that they have given up the way to resolve the disputes through litigation.Filing rest-suits violates the principle of honesty and credit action,and the prohibition of rest claim can be justified.This article is divided into three parts.Through analysising the typical cases,the first part taking the plaintiff's motivationsto split the claim as the standard,dividing domestic part-lawsuits into six types.Then,the papercontinues with the subject of litigation and res judicata,pondering the adjudged force of partial final judgment to the rest claim,reaching the final conclusion that the “Against Double Jeopardy”cannot regulate the rest claim,which leads to the viewpoint that interpretation justify prohibiting the rest claim.The second part expand arguments on justification of the partial claim interpretation,the first step is to argue against reasons not to interprete partial claim,then analysising the necessity of the interpretation of partial claim from positive side,finally reaching the purpose and function of it.On the basis of previous text,the third part constructes the specific rules of the partial claim interpretation.