Font Size: a A A

Research On The Relationship Between The Object Of Civil Action And Claim

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:F DingFull Text:PDF
GTID:2346330518461157Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The object of the civil action and claim are the core theories of civil action of our country.However,there is a chaotic state in theory research and judicial practice.Then the object of civil action,the abstract and remote concept,seems to make no difference to define this lawsuit or else lawsuit strictly.And in judicial practice,there are a lot of people seem the claim as the object of civil action,therefore,both the meaning of claim and the object of civil action and the relationship between the two,are in a series of fuzzy and confusion condition.In this article,we try to analysis the relationship between the two,through distinguishing the connotation of the object of civil action and claims,which aims to make it easy and distinct in identifying the object of civil action.This paper is divided into five chapters in addition to the abstract.Chapter1,mainly is the introduction part,introduce the background of the thesis,and the practical significance of the topic.By referring on organized research data at home and abroad,extract the main research direction and the topic content of the article,on the basis of the current research status,and expound the innovation and research goals of this paper point.Chapter2,is the introduction part,states the connotation,nature,and the function of the object of civil action and the claims respectively.On the analysis basis,explore of the difference between the two,and discussed the relationship between the two based on the analysis of the concept and the different recognition standard.Chapter3 mainly summarize several academic views on the relationship between the object of the civil action and claim.The parity theory or the distinction theory is trying to use a unified standard to cover all kinds of litigation,either same or different.In fact,the relation between the two should be given a concrete analysis in the different types of the lawsuit.Chapter4 mainly about the typed litigation aims to study on the relationship between the two under the theory of classifying.In the different classification of lawsuit,in particular,action of performance,action of confirmation and action of alteration,this chapter respectively analyzes the relations between the two.Chapter5,mainly for conclusion,summarize the main argument and conclusions of the paper,and the troubles in the process of the paper creation.In the end,by summarizing gains and deficiency,the paper should continue to improve in the future.
Keywords/Search Tags:object of civil action, claim, classifications of the lawsuit
PDF Full Text Request
Related items