Analysis Of The Legal Problems Of Negative Confirmation Action From The Perspective Of Cases

With the rapid development of the national economy,people pay more attention to the protection of their rights,and have a new understanding of the concept of litigation.Among them,the lawsuit that requests to confirm a right or a legal relation does not exist is one kind of the new civil legal dispute,and this kind of lawsuit is the negative confirmation lawsuit.It is one of the actions of confirmation,corresponding to the action of positive confirmation,which is different from the ordinary civil action,the reason for which the ordinary civil action is initiated is that most of the substantive rights stipulated by law have been violated,but the negative confirmation action is different,the interests or the legal relationship or fact that the confirmation does not exist are not clearly stipulated in the substantive law.There are many difficult problems in judicial practice,among which whether there is interest in the action of negative confirmation brought by the obligor,what standard should the burden of proof be assigned according to after entering the litigation procedure and whether the compulsory counterclaim can be applied when there is a claim for payment after it is involved is the focus of this paper.Objective to protect the litigant's right of action,to solve the dispute thoroughly,to reduce the abuse of action and to save the judicial resources.Based on the negative confirmation action,this paper mainly analyzes the three practical problems mentioned above,which are the focus of the two cases in which the debtor confirms the non-existence of debt.On the one hand,we hope to arouse the attention to the theory of negative confirmation action in the field of civil procedure,although there are relatively few studies on the problem of negative confirmation action in the theoretical circle,however,negative confirmation action,as a special form of action,appears in the field of litigation,which is necessary to study and discuss,and can not beconsidered as a supplement to other two types of action.On the other hand,I hope that the analysis of the case and the point of view of the author has a reference role in the handling of similar cases in practice,which I think is the original intention and value of this article.