Research On The Standards Of Dispute Suability

The irreconcilable contradiction between the resources and the desire determines that the dispute will be accompanied by the human society.Disputes include a variety of mechanisms,including the judiciary.Although judicature is not the only way to solve the dispute,it should not even be the primary choice,but it is often the last guarantee.Whether the dispute itself can be appealed,determines the possibility of the dispute finally resorting to the judiciary.The civil procedure law generally stipulates the standard of acceptance,but there are some problems which are not specific,inaccurate or incomplete.The standard of case acceptance is not uniform in judicial practice,which is not conducive to protect citizens' right to sue,nor to establish judicial authority.This paper tries to avoid direct discussion of legal provisions,but based on the theory of litigious right,combined with the domestic and international situations,experiences and the nature of disputes,it specifically analyzes what disputes can enter into litigation,namely,the criterion of litigable nature of disputes.The article includes the introduction,the text and the conclusion,and there are 5 chapters in the text.The introduction mainly expounds the source of the problem and the literature review.The text first defines the definition of the dispute and the dispute,and discusses the relationship between the dissension and the related concepts.Then on the domestic and foreign disputes investigation and contrast litigation problem,put forward the justiciability of domestic judicial disputes are still inadequate,how to divide in judicial practice to dispute whether the appeal,actionable standard issues,there are still large differences,the practice of processing in contradiction and the criterion of fuzzy judgment the problem of the law for the protection of the right of action is not enough attention to the abuse of action right in the scope of regulation is not enough,lack of.Combined with the theory of right of action litigation request of the dispute,legislative departments in determining the dispute suability standards mainly from the perspective of the interests of the state,and from two angles of theory and operation in the proposed robust expansion of the scope of litigation disputes and prudent discretion in the two dispute litigation standard can be determined the principle,from the subject and object of disputes,disputes of the benefit of litigation and res four aspects elaborated the constraint of dispute suability standard.On this basis,the paper finally points out the dispute litigation standard can be used in legislation and justice,including the separation of prosecution and litigation and the introduction of the benefit of litigation,the establishment of a negative list,a clear standard of legislation to protect the new rights,the conditions for acceptance of standardization,format,filing a civil complaint to strengthen the judge's interpretation right,the parties involved in security review and perfect the supervision mechanism on the link.The author knows that the dispute suability problems involved in litigation theory,is a difficult part in legal research,not enough theory foundation,the research will be difficult.In addition,the problems in this article come from difficulties and doubts in judicial practice.If the thesis lacks practical investigation,it can not solve specific problems and is not operable,it will become a castle in the air.My knowledge and ability are limited,the article is inadequacies,and the experts and scholars are asked to criticize them.