Study On Specific Obligations Of Litigants In Civil Litigation In China

Embodiment in the field of civil litigation,refers to clear the specific ways to express,the content of the specific means for their own statement put forward the content of the evidence,the claims and so on should be properly to specific specific obligations,the parties means the parties in the several stages of civil procedure to perform the obligation of the specific laws in our country there is no specific obligations this term,the parties just academics will such obligations referred to in the academic circles still exist on the parties to the dispute of the concept of specific obligation scope of nature,and debate real obligation Claim responsibility theory of the relationship between the problem such as no clear definition for the opportunity,this article through to our country,analyzing the present situation and problems of civil litigation specific obligations by the parties on the basis of other country's experience,using the method of normative analysis,based on the overall based on law,based on the debate doctrine lawsuit mode perspective,to analyze the problem specific obligations,the parties to put forward some Suggestions to perfect our client specific obligation.The concretization obligation of the parties mainly includes the fact claim concretization and evidence claim concretization and the subject of concretization obligation is only limited to the parties and can not be extended to explain;The object of specific obligations according to the lawsuit stage for more specific divided into: Sue when the plaintiff proposes specific claims a plea defendants stated grounds to specific evidence cross-examination stage the parties evidence in line with their own ideas of parties claim to specific court debate stage.Overview of the first part of a specific obligation for the parties concerned,first of all,the paper first defines the concept of specific obligations,the parties to the academic circles has specific obligations of the subjects of specific obligations of the specific obligations,the nature of the struggle between the cover and the definition of specific obligation clear second battle,to overview of debate doctrine,carding the development course of socialism,and debate in China,points out the important role of debate,the civil procedure law in our country finally,specific obligations on the parties,the essay discusses the relationship of and debate,points out that the debate doctrine is the cornerstone of the development of the client specific obligation.The second part analyzes the relationship between the parties' specific obligationsand related theories to prove the rationality and necessity of their existence.Secondly,it demonstrates that the real obligations of the parties are an important part of the specific obligations of the parties and one of the theoretical bases of the specific obligations.Finally,it is proposed that the materialization obligation of liability is an important part of the materialization obligation,which is the concrete manifestation of the materialization obligation in the stage of evidence declaration.The third part is to analyze the present situation of our specific obligation theory,first of all,the civil procedure law enacted in 1982 after four amendments and several judicial interpretations of content analysis,explore the specific duty level on the basis of the development of legislation in our country,and points out the deficiency of our client specific obligation,namely the specific obligations with a slightly smaller scope in the prosecution stage of using the difference of both sides treat specific obligations on the parties to apply general lack of efforts to promote and safeguard and so on,and analyzes the causes of insufficient.The fourth part is the specific obligations by the parties outside the comparison,namely through the two big legal system on behalf of the state(the continental law system represented by Germany and Japan,the Anglo-American law system represented by British American)detailed analysis of the related theory,find out some useful experience for development of China's specific obligations,namely need dialectical view client specific obligations and pay attention to the specific obligations before litigation rules.The fifth part is to improve the relevant measures to improve the materialized obligations of the parties in our country.On the basis of the previous full analysis of the shortcomings of materialized obligations,four improvement measures are proposed.Secondly,reasonable distribution of materialized obligations in the pre-trial stage is made to solve the situation of treating both parties differently,and the blank area of materialized obligations of the parties in the pre-trial stage is filled.After that,the exceptions of the specific obligations of the parties should be properly stipulated,and the application of the specific obligations of the parties should not be uniform.No matter how good the system is,there will be areas that cannot be covered by the unadaptable conditions.The exemption of the specific obligations should be enumerated to enhance the scientific rationality of the specific obligations.Finally,it is necessary to construct and improve relevant supporting systems for the good application of specific obligations,including strengthening the parties' ability to collect evidence,improving the consequences of the violation of specific obligations stipulated in China's pre-trial conference system and strengthening the interpretation obligations of the court,so as to make specific obligations play a better role in judicial practice.