The Adjudication Rules Of Future Payment Request

In civil litigation and juridical practice,the litigation for future is different from the present payment request,because it breaks through the general principle of Schuldrecht and becomes a special existence.Many civil law countries and regions aggre with it and stipulate special rules of adjudication in their legislation.On the other hand,,although there are some theoretical discussions on it in china,however the lack of legislation makes it difficult for court judge or even dare not judge the party's future request for payment,witch result in the litigants' right and interests being difficult to obtain an effective claim and resulting in the waste of judical resources.,violated the basic principles of the Civil Procedure Law.Based on this,this paper adopts the method of case analysis,through analyzing the court's judgment case of the future payment request of the party,finds out the problems existing in the court judgment's future payment request in the judicial practice,and explores the rules of judgment for future payment requests in China.The artical is more than 38,000 words,except for the introduction,it is divided into four parts.The first part introduces the basic situation of the case.The case selected in this artical is a series of cases in which the same party has conducted three litigation activities,and the parties have made a request for payment in the future.In the first case,the court rendered a judgment in support of the future claim for payment,and then,in second and third proceedings,rejected the party's request for future payment.By analyzing and summarizing the basic circumstances of the series of litigation cases and the judgment of the court,It is concluded that the focus of the dispute in this case is whether the court should support the future payment request made by the parties,and the question of how the court should decide the future payment request of the party in judicial practice.The second part is the legal analysis of the related issues.Taking the future payment request as the starting point,this paper analyzes the relationship between the future payment request and the future payment litigation,and combines with the legislation and limitation of other continental law countries on the future payment litigation.It comes to the conclusion that only a future payment request with interest in litigation can be entered into the proceedings.At the same time,according to the difference reasons for the future payment action,the future payment action can be divided into three types: the future payment action with the time limit,the future payment action with the condition of achievement and the future payment action with the future tort.Each type of future payment litigation has its own characteristics and judicial difficulties.The third part is the analysis and conclusion of the case in this artical.Based on the theory of the second part,this paper makes a thorough analysis of the case,and evaluates the future payment request of the case from its appropriateness and necessity.The conclusion that the court should judge the future payment request of the parties should be concluded by comprehensively grasping the appropriateness and legitimacy of the case and drawing the conclusion that the future payment request in this case has the interest of litigation.The fourth part is the research enlightenment of the case.For the future payment request,the court can not always hold a negative attitude towards it,but should classify and refine the future payment request of the parties.For the future payment request similar to this case,we should use the method of "three steps" to judge and make the appropriate judgment.In addition,we should perfect our country's future payment litigation system in legislation,and adjust the preservation rules of future payment litigation and the burden rules of litigation expenses in accordance with them.