Negative Action Of Confirmation Of Benefit Of Judgment Criterion

Negative action of confirming non-existence of certain rights or legal relations started to be applied in judicial practices since the rapid development of national economy have intensified diversification of quest for benefits,notions for actions and emergence of civil disputes.China has implemented case-filing and registration system,however,being a special form of action,negative action of confirmation have brought new challenges to judicial practice on balancing between the rights of actions and misuses of actions of the concerned party.In order to solve the aforesaid problem,unanimous agreement was reached to introduce the concept of “benefits of actions”which served as a pre-requisition for essentials of legalization of negative action of confirmation for substantive hearings.But the issue concerning judgment for benefits of actions(hereinafter in reference to as “judgment”)has not been reached mutual understandings yet,and it is urgent to standardize the judgment and integrate it into cases of negative action of confirmation in judicial practices imminently and immediately so that it can fully realize its dual-function of both protecting the concerned parties' rights of actions and preventing misuse of actions.Starting from the judgment in judicial practices in China,the present paper is attempting to recognize anew the benefits of actions in China based upon referencing theoretical researches on it both abroad and at home,and then make a criterion for judgment for benefits of actions and standardize the judgment for negative actions of confirmation,and ensure the positive function that benefits of actions operated within such special form actions,and at last,make a macroscopic and fundamental guidance and propose specific operating suggestions for judging whether negative actions of confirmation could meet satisfaction of the benefits of actions.This paper has characters consisting of 5 sections(except for preface and conclusion)as followings:Sec.1 is a brief introduction to benefits of actions for topic-transitioning purpose.Being one type of the actions of confirmation and having its own characteristics,negative action of conformation is a crucial factor for the suability a pre-requisition for substantive judgments.Meanwhile,issues regarding to criteria for considerations of judgments of benefits has become a new challenge for judicial practice.Sec.2 is focusing on summing up current status and problems of judgment ofnegative action of confirmation in China and analyzing reasons that contribute to the problems.Judgment in China is characterized by such followings: 1.the substance of benefits of actions was within the category of essentials of actions;2.Judgment tended to be more severe than ever;3.Appeals for benefits without any substantive enactment wouldn't be confirmed or approved,and criterion for judgment varies,etc.,all of which would barricade the implementation of rights of action of the concerned parties and would result in chaotic disorders in judicial hearings.Study suggests that the major contributions to the problems are such unitary factors as misunderstandings of the essence of benefits of actions,lack of legal regulation and unitary judgment principles,etc.,that were added up to complicate matters further,and this section will analyze these factors.Sec.3 will set a datum line of judgment criterion for identifying the boundaries of benefits of actions which will be accurately defined to solve prerequisite issues.And the prerequisite of the judgment means what position shall the judge take and what effects are supposed to be achieved.This section will develop its writing by describing the prerequisite of judgment,position of judgment and purpose of judgment in a chronological sequence.As for prerequisite,the benefits of actions shall be categorized into essentials of actions;for position,judges shall stand by comprehensive benefits;and for purpose,positive functions of benefits of actions shall be extended.(And for principle,benefits balancing shall be taken into account)Sec.4 is an important chapter of the paper;it is about confirmation of judgment criterion for identifying the boundaries of benefits of actions and the confirmation will be subdivided into three types to fulfill the construction of judgment criterion.First,as one type of confirmations of actions,negative confirmation of action is tallying with general standard for confirmation of benefits and such confirmation shall accord with appropriateness of choice of means and choice of object,and dispute maturity.Second,starting from its special characteristic,confirm judgment criterion in specific cases.And third,starting from its exceptional cases,confirm judgment criterion in particular cases.Sec.5 is about improving judgment procedure for benefits of actions,that is,to optimize judgment procedure and adjudication through using judgment procedures overseas as reference.