Research On The Action Of Non Debt

In 2007,the Supreme Court heard the first action of non debt in China.Since the case,actions of non debt have appeared in the local courts.Some of the parties directly to mention actions of non debt and some of the parties turn the action of non debt into a form of a request to the court to confirm the debt does not exist.With the continuous development of society,people increasingly frequent economic exchanges.Actions of non debt play an important role in the daily life of people.However,at the beginning of writing the paper,I surfed on the Chinese Knowledge Network with "action of non debt" as a keyword search.But I only found two master's thesis related to the action of non debt.In contrast to this,Japan and China's Taiwan scholars have studied the actions of non debt deeply.Their research has great benefits to theoretical and practical community.On the basis of Japanese and Taiwanese scholars' doctrines and writings,in addition to the Introduction,this article have six parts about the action of non debt,for a total of three thousand words.The first part mainly deals with the substantive law theory of actions of non debt and discusses the five reasons why debt does not exist: debt fulfillment,offsetting,deposit,exemption and confounding.Debt performance is one of the most common ways in which debt is eliminated.The meaning of debt performance is that the debtor pays off in the statutory or agreed period,through legal or agreed manner,so as to achieve the legal effect of debt cancellation.Debt offset means that when the debtor and the creditor have the mutual debts which are between the same type of payment and in the liquidation period,a certain amount of debt between each other at the same time can be attributed to eliminate.Pending refers to the act of settling the creditor in the place of deposit in order to make the debt not exist.Exemption refers to the unilateral meaning of the creditor's disposition to the debtor.Confounding means that legal qualifications that can not be legally coexisted belong to the same subject and one of the legal qualifications is absorbed by another legal qualification.The second part discusses the suit benefit of the action of non debt.This part introduces the basic concepts of the suit benefit and points out suit benefit of the action of non debt.The suit benefit refers to a requirement that is set in order to consider whether the content of a particular request has the necessity and actual effect(effectiveness)of the judgment of the case.In addition to having the benefit of "right of the parties or the status of a person in a real state of uneasiness or a dangerous state",the suit benefit of the action of non debt has a strict requirement.In the event that the debt does not exist,the plaintiff is the debtor and the defendant is the creditor.And the burden of proof is distributed on the basis of the position of the creditor and the debtor,rather than on the basis of the position of the plaintiff and the defendant.So the defendant as the creditor has the burden of proof for the occurrence of the claim.But the identity of the defendant has led to the loss of the creditor's right to choose the prosecution time.The creditor is forced to join the lawsuit.So the action of non debt has a mandatory prosecution function.In order to prevent the function of forced prosecution from being abused,the action of non debt should be provided with a more stringent confirmation of the benefit element.It refers that the plaintiff(the debtor)has a burden of proof of the state of the defendant's cause of being disturbed or dangerous The There are three criteria for judging the suit benefit of the action of non debt: 1.Other remedies are exhausted;2.Confirm that the object is allowed;3.The contradiction is to be solved urgently.The third part is about the lawsuit sum of the action of non debt.Specifically,the lawsuit sum of the action of non debt has five types of claims.And the difference of the lawsuit sum leads to the difference of trial of the court and litigation costs of the parties.The fourth part is about the burden of proof of the action of non debt.The so-called proof of responsibility,refers to when a fact is true and false,one party bear the negative burden.The distribution of the burden of proof is mainly based on the Rosenbeck's specification.Rosenbeck's specification has five main aspects.According to the Rosenbeck's specification,the plaintiff(the debtor)assumes responsibility for the absence of the debt.But defendant(creditor)have to bear the burden of proof of the existence of debt due to other theories.The fifth part is the objective range of the res judicata about the action of non debt.The so-called res judicata refers to the determination of the judgment or the binding force given by the judgment.On the relationship between the litigation subject and the objective scope of the res judicata,the theory of the new litigation object thinks that the subject matter of the litigation should take the litigation statement of the plaintiff as the recognition standard and the factual relationship as the factor of the objective scope of the res judicata.According to this view,the fact that the parties have not submitted to the court in the previous case is not affected by the res judicata.On the basis of the factual relationship,the parties may initiate the litigation with the same content of the previous case.The theory of the new litigation object separates the subject matter of the litigation and the objective scope of the res judicata.Therefore,for the action of non debt,especially the action of non debt about money,the objective range of res judicata will change if the lawsuit sum is different,although the subject matter of the litigation is all claims and debt relations.The scope of litigation subject matter is not equivalent to the objective range of res judicata.The sixth part is the conclusion,mainly to review the content of the full text.And I once again call on our academic community should pay attention to the study of the action of non debt.