A Study On The Suit Of The Changes Of The Regular Compensatory Payment

Periodic compensation refers to the court according to the parties at the request and combined with the compensation obligations of the obligor and the guarantee situation,the judgment of the obligor within a certain period of time to pay a certain amount of compensation to the victims of the legal system.In the case of payment of indemnity in the form of fixed-term payment,it may result in a relatively large difference in the actual cost of the implementation of the original judgment fee due to the longer payment period.If it is still in accordance with the original judgment,it will be unfair.Unfair justice.As China's Civil Procedure Law does not make specific provisions on the issue of periodic payments for compensation,it is particularly important to pay relief to the victims.For the issue of civil law in Germany,Japan and China's Taiwan region are provided for a special way of litigation relief-----change the decision,the suit can not only reasonably explain the impact of the res judicata on the suit,But also to the parties to the issue of specific procedures to make specific provisions,because the litigation may break the effectiveness of the original decision,the law should make clear provisions to protect the stability of the decision.In view of the embarrassing situation of the application of the periodic payment system in the judicial practice,this article starts from the problems existing in the practice of the maintenance,the raising and the raising of the tending fee in the future,and the nature of the judgment,The subject of litigation,the scope of the time of adjudication and other theoretical analysis,in comparison with foreign countries and China's Taiwan region on the change of the relevant provisions of the decision,combined with China's existing theory and judicial practice,to improve China's periodic compensation system Improve the study,and put forward the perfect idea.In addition to the introduction and conclusion,this paper is divided into five parts:Part I: Summary and Current Situation of China 's Regular Payment Compensation.This paper analyzes the provisions of the periodic payment system and the current situation,and then analyzes the problems of the change of the periodic compensation in the face of the difficulties faced by China's civil procedure law,the investigation of the court and the judicial case.The second part makes a detailed analysis of the basic theory of the periodic compensation for damages.Firstly,starting from the litigation of future payment,this paper makes an in-depth analysis of the characteristics of the periodic compensation litigation.Second,combined with our regular compensation system,due to the unpredictability of sex by the occurrence of a change of circumstances to specific analysis.Thirdly,define the scope of res judicata of the periodic compensation litigation.Fourth,the nature of the regular compensation change procedure analysis.Fifth,the regular compensation change litigation definition.In the third part,the author discusses how to choose the procedure of changing the litigation of the regular compensation.The relief of the change of the regular compensation is different from that of the retrial procedure.Although according to the existing theory,because the subject matter of the lawsuit is different,the litigation request is different,and it is not the same event.But before and after the litigation litigation has great relevance based on only as new cannot explain this association and also can not reasonably explain the action after the res judicata effect on pre litigation.Based on this,a special action should be provided as a remedy for the change of the periodic compensation.The fourth part of the regular compensation changes,whether it is civil law of Germany,Japan and China's Taiwan region,have established a special litigation judgment change litigation,to solve the problem of regular compensation change procedure.This part will make a specific analysis of the provisions of the system in Germany,Japan and China's Taiwan region,so as to provide a reference for the construction of China's regular compensation system.The fifth part puts forward the concrete conception of the alteration of the regular compensation in our country.This part from the lawsuit against former litigation res judicata effect,regular compensation change lawsuit scope,regular compensation change litigation constitution,prosecution and verdict force four aspects of scientific and rational construction of our regular compensation change procedure.