The Effect Of Exercising The Right Of Formation In Litigation

The concept of right of formation originated in German law,which is a kind of right which can change the legal relationship according to the unilateral meaning of right holder.The most important category in the study of the formation of the right to formation is to divide the right of formation into ordinary right of formation,right of action formation and the right of opposition,based on the difference of various right of formation and their performance in the litigation Out of the way,focus and effect are different.The common right to form and the right to form an objection are exercised by the method of vindicating or attacking defense.The discussion mainly concentrates on the type and validity of the litigation,while the formation of the right of action is formed through the formation of litigation,The complaint commenced.As a right in civil law,the exercise of the right to form must be bound by the rules of substantive law,such as the conditions can not be attached,irrevocable,subject to the period of exclusion.However,when the right of formation is exercised or claimed in litigation,due to the particularity of litigation stage,it is also bound by the theory or system of litigation law.It can be said that the exercise of the formation right in litigation includes both legal acts and litigation behaviors.How to define this behavior not only involves the reconciliation between substantive law and procedural law,but also affects the litigation process Such as the withdrawal of a right to form,the withdrawal of a petition,the contest of formation defense and the separate prosecution,the exercise of the right of formation and the issue of res judicata.Based on the concept of right of formation in civil law and combined with the basic theory and system of procedural law,this article attempts to clarify and solve the above problems one by one.For this reason,the article is divided into four parts:The first part mainly introduces the basic connotation of right of formation,including the concept of right of formation and the characteristic of exercise.The basic connotation and extension of the right to be formulated is conducive to providing theoretical support for the argument below.The second part mainly analyzes the nature of the act of forming right in litigation.As the exercise of the right of formation in the litigation may simultaneously constitute legalaction in the substantive law and litigation in the litigation law,which qualitatively affects the specific operation in many practical works,based on the reviewing and analyzing the advantages and disadvantages of each doctrine,New coexistence is the most appropriate point of view.The third part starts from the types of right of formation,divides right of formation into ordinary right of formation,formation of right of action and formation of right of opposition,and separately discusses the concrete ways and effects of various right of formation in litigation.Which focuses on the formation of the right to private ownership of the right to appeal,the formation of the right to claim the formation of the lawsuit in the form of litigation caused by litigation in the type of litigation should be attributed to the confirmation of the complaint rather than the formation of the complaint,and the formation of the right to appeal in the formation of the complaint Effectiveness of the verdict when it comes to its realization.Attempting to have a clear picture of the exercise of the right to form in litigation.The fourth part is based on the progress of litigation,aiming at a series of questions that may arise when the right holder asserts the right to form in the process of litigation,such as withdrawing,withdrawing the litigation,forming right defenses,Put forward my own views,with a view to providing some reference in theory and practice on the application of right of formation in litigation.The last part,through the preceding discussion,summarizes and summarizes the series of effects of exercising the right of formation in litigation,forming a more complete understanding.