The Interpretation Of Litigation Claims

The claim is the primary content of the party's connection with the court,and it is also the most basic and important basis for the judge to judge the party's appeal.The litigation claims consists of three parts: legal relationship,litigation type,claim right and legal matter.This lays the foundation for the litigation claims to be one of the contents that must be clarified when the litigant files a lawsuit.However,in the judicial practice of our country,due to the unfamiliarity of the legal knowledge of the parties,the lack of sufficient grasp of the specific value of the litigation request makes it difficult to accurately express the core content of the appeal,or the expression does not meet the statutory conditions.When a party files a lawsuit request,it often appears that the claim is unclear,inadequate,inappropriate,and does not understand whether or not the lawsuit is changed in the lawsuit.The occurrence of various situations hinders the parties and the court from advancing the case.When such problems arise,the court and the judge should explain the procedural law to help the parties understand that they should clarify the true meaning of the claim.However,in terms of how judges interpret claims and how the boundaries or standards are interpreted,China's judicial practice can be described as chaotic.In the trial of civil and commercial cases in the first instance,some judges could not explain the system,and the application of the litigation request was even more embarrassing;some judges would make certain explanations when the litigation request did not meet the requirements,but the interpretation was not effective.In addition,there may be cases of raids on the referee,causing dissatisfaction of the parties,so there is no lack of appeal or retrial by the parties.Because the problem arises when the claim is filed,the case will be disturbed,and the confusion explained by the judge will lead to different judgments,assaults,and dissatisfaction with the justice.In China's civil litigation legal system,there are not many norms about interpretation,and it is difficult to systematize it.This is especially true for litigation requests.At present,the academic community basically believes that Article 35,paragraph 1,of the "Several Provisions on Evidence in Civil Proceedings" is a provision for the interpretation of the claim.Although local judicial documents have guidelines for interpretation,such as Shanghai,Zhejiang,and Beijing,they only have localized characteristics,which are difficult to popularize and rise to a unified refereeing rule.In view of the limitations of legal language and legal texts,the application of the law requires the court to continuously explain and explain in judicial practice.Although the research on the interpretation system in the civil procedure law school has continued uninterrupted,the consensus reached is very few,and the research explained in the litigation request is even more lacking.In this context,it is necessary to explore the interpretation of the claim.It is an analysis of the two aspects of the comparative law level and the theoretical basis to analyze the presenting of litigation requests in judicial practice and the status quo of litigation requests.From the perspective of comparative law,it is explained that the system originated from Germany,and after continuous development,Japan and Taiwan have introduced and improved the contents of the interpretation system,and the interpretation of the lawsuit is free.By analyzing the treatment of the claims of Germany,Japan,and Taiwan,the comparison of the boundaries or standards of the litigation request is determined.From the theoretical level,the argument that interpretation is power or obligation reflects the process of explaining the development of the system.Specifically,the interpretation of the lawsuit in China is more appropriate than the special circumstances.The function of the claim determines the value of the claim in the entire lawsuit.The clarification of the litigation request is inseparable from the analysis of the theory of litigation.In China's judicial practice,it seems more effective to compensate for the lack of the theory of the old litigation subject by the interpretation of the litigation request.According to this analysis,under the conditions of certain principles,the judges must also strictly abide by the boundary of the claim,that is,the interpretation of the claim is limited to the court,and the matters explained are limited to unclear,inadequate,inappropriate and litigation.The requested changes,and the basic facts of these explanations are limited to the same life facts claimed by the parties.Specific to the application of judicial practice,when the litigation claims is unclear,inadequate,inappropriate,and involves the interpretation of changes in the litigation request,the judge must follow certain rules of the referee to achieve targeted response.On the whole,the judge judges whether the standard of interpretation is whether the claim is sufficient to identify.When it is not identifiable,the judge's explanation shall be recorded in writing to prevent the parties from retorting;the judge should not take the initiative to explain the statute of limitations and the circumstances similar to the statute of limitations;in order to prevent the phenomenon of undisclosed loss of power,When the parties are likely to win the case,the judge shall explain the case;when the claim is in competing,the judge shall explain the claim of the co-opetition;the difference between the parties and the judge on the nature of the legal relationship or the validity of the legal act is sufficient to cause the change of the claim.On occasion,the judge should explain it.Accordingly,it is convenient to provide judges with a certain referee basis when the litigation request is unclear,inadequate,inappropriate,and whether the change of the claim is interpreted.