On The "Concrete" Request For Relief

"specific" litigation request comes from the provisions of Article 119 of the Civil Procedure Law of the People's Republic of China on the conditions of prosecution,the reason for its research is that: on the one hand,China's Civil Procedure Law and the relevant judicial interpretation of what is "specific" litigation request have no further explanation;on the other hand,there are difficulties in the judicial practice of our country to determine the difficulty of the request and the court to apply the provisions of the chaotic situation.The main points of this paper are that the litigation request is the specific claim of the litigant 's claim in the litigation process according to the subject matter of the litigation.The subject of the litigation is the claim that the litigant' s substantive or legal relationship is required by the court.The claim is the main basis for identifying the object of the action.The "specific" claims of "concrete" claims are not specific in the general sense,but rather "concrete" to the extent to which the court can be tried.And its legitimacy based on the first civil litigation parties to punish the principle and the principle of the inevitable requirements of the debate,followed by the claim "specific" or not the relationship between the implementation of the court based on whether the payment content is clear,and the implementation of the basis of the payment of the clear or not directly About the effect of execution.At the same time,the judge explained as a supplement to the principle of the debate,requiring the judge at the appropriate time the judge should promptly explain.The litigation request is not only based on substantive law,but also according to the basic principles of civil action to determine.In terms of which stage of the claim should be "specific",it is necessary to analyze its attributes.I believe that in theory,"specific" litigation request should be litigation elements,whether it is "specific" should be placed in the proceedings to review.However,given the status reality of our legislation and judicial practice,it is more realistic to put it in the prosecution stage,but it should relax the requirements of concrete.In addition to the introduction,conclusion,this article is divided into four parts:The introduction part explains firstly the necessity and practical and theoretical significance of this writing.Secondly,it analyzes the current situation and problems of "concrete" litigation request.Finally,it summarizes the difficulty of writing and the research methods.The first part is an overview of the claim.First of all,by enumerating five typical judicial cases on the topic of this paper and analyzing them,the author points out the main problems that need to be paid attention to or exist in judicial practice.Then,the concept of litigation request is discussed and discussed theoretically and the relationship between litigation request and litigation subject And analyzes the connotation of "specific" litigation request.The second part is the legal basis and the necessary condition of the litigation request.First of all,the basic principles of civil litigation and the implementation of the legal analysis of the legal basis of the request;and then put forward the judge to explain the specific requirements of the litigation request,the judge explained that the litigation request in the parties involved in the process of playing an important " Bridge " role.The third part is how to determine the "specific" claim.This part first discusses how to determine whether a single claim is "specific" according to the classification of the vocative and the specific civil liability,and then it is necessary to combine the factual reasons,and then from the "macroscopic" And analyzes the concrete problem in the case of "litigation request merger".The fourth part is the time,degree and disposition of the "specific" request.This part first puts forward that the "specific" litigation request should be the litigation request according to the reality of the "litigation request" in the legislation and judicial practice of our country.Combining with the basic theory of civil litigation and the relevant content outside the domain,According to the current situation of our legislation and judicial practice,combined with the reality of the reform of the court filing system to determine the litigation request "specific" time and degree;finally discussed the court in the event of litigation request is not specific how to deal with.