Procedure Research About Qualitative Change Of Litigation Request

In our country,the current qualitative change of lawsuit request is imperfect in legislation,which leads to inconsistent standards and handling patterns of court judgment in practice.Starting from the analysis of the case,this article first proposes the existing problems of the current qualitative change of lawsuit request through the analysis of the case,It also discusses the type of the qualitative change li,the refusal of the parties to make a qualitative change of of lawsuit request and the remedy of qualitative change of litigation request.The first part is the current procedure problem of the qualitative change of lawsuit request.This part will introduce the problems existing in the practice from the case: the lack of the review standard for the change of the qualitative change of lawsuit request,the lack of the procedural law when the party refuses to change the lawsuit request,and the absence of the remedy procedure and the remedy procedure.The second part is the type of qualitative change of lawsuit request.Through the analysis of the case study,the qualitative change in litigation request changes according to different criteria for classification and summary.According to the consequences of the qualitative change of lawsuit request,it can be divided into the types of change of the legal relationship between the entity and the type of change.According to the time when the qualitative change litigation request is changed,it can be divided into the first instance change of the qualitative change litigation request,the second change of the substantive change litigation request change,the retrial substantive change litigation request change,and the resentment reorganization changeable litigation request change.The third part is the review of qualitative change of lawsuit request.From the shortcomings of the existing standards in our country to change the requirements for the change of suitability for litigation,the author studies the function of the legislative background system of the change of domain name litigation,perfects the legislative regulation and judicial application of the change and review of the request for qualitative change litigation in our country,The parties to promote the transformation of the doctrine of parties to establish the various stages of China's qualitative change in litigation request changes in standards.The fourth part is the parties refused to change the claims of the referee.The current law of our country does not stipulate the handling of the parties' refusal to change the litigationrequest.In practice,the handling mode of the litigation rejects the litigation request,decides to reject the prosecution and the court decides to proceed with the trial of the three handling opinions according to the authority.This part dismisses the litigation request,The ruling dismissed the prosecution and the court continued to examine the difference analysis according to its functions and powers to improve the provisions of Article 35 of China's "Evidence Rules."The fifth part is the remedy of the change of the request of the qualitative change.The author puts forward some measures to improve the remedy of the change of the request of the qualitative change in our country,the perfection of the system of clarifying the change of the request of the qualitative change,and the perfection of the system of the right of opposition.