The Research Of Substantiation

In the field of civil litigation the debate doctrine was established,the client should be responsible for providing the important fact,it must be detailed and should not be trumped up or stochastic.The proposition should also be well-founded.Although this theory was supported by relevant system in our country,there are lack of emphasis in theory and practice,such as the concept is ambiguous,the line between other institutions is blurred,and the theory is lack of independence.This paper started with the basic theory,combining the current judicial practice in china.This paper is divided into five parts to discuss the problem.The first part: the meaning of substantiation.From the origin of substantiation of this part,the substantiation has carried on the textual research.There are three levels to analyze substantiation,first is to combined with the existing literature claiming the origin and concept of concrete are introduced.Second,in view of the current academic circles is controversial,this paper compares and analyzes the properties of explore party claims that the nature of the specific,three is to further claims that the content of the specific analysis on the parties,including its subject,object and extent and limitations.The second part: the theoretical basis of the concrete obligation.Substantiation from the debate doctrine,debate doctrine emphasizes the parties to the claim of responsibility,emphasis on attack defense balance of power between the parties,forbid malicious litigation delay.In addition to the debate on the legal basis of socialism,the court's trial of interests,the other party and defense against the interests of a third person,the requirement for the claims of the parties of evidence attribute specific requirements are put forward.The third part: the relation and difference between the substantiation and other relevant theories.It is mainly the connection and distinction between the real obligation of the parties and the clarification of obligations.Substantiation by the parties intention is "confirmed",not is abstract,speculation claims,but also for its claims must be specific statement of the basis,real obligations of the parties request the parties to the claim and shall not violate its subjective reality,makes a false statement,but the true obligation does not request the parties to the claims and statements describe all of the facts,so the real obligations and claims that closely related to the embodiment of.The fulfillment of these substantiation of the parties and the case that they have to clarify the obligation to have a greater overlap.Therefore,the theory of substantiation,which is advocated by the parties,has a great relation with the real obligation and the clarification obligation in the field of civil litigation.The fourth part: the development and application of substantiation in our country.This part firstly sorts out the evolution of the legislation history in our country,and analyzes and combing the formation and formation of it in our country.Secondly,this paper analyzes the application dilemma of the parties in China.The fifth part: the realization path of the theory of substantiation.In the case of China's judicial status,it's clear legislation,the implementation of the client's claim,and the process of the process of the process of taking the client's position in the pre-trial process and the platform support and the use of the judge's clear right to analyze the path of the realization.