A Concrete Empirical Study Of Civil Litigation Claims

China's "civil procedure law of the People's Republic of China" stipulates that there must be specific claims for litigation,but the current "civil procedure law of the People's Republic of China" does not specify what "specific" claims are,and the relevant judicial interpretation does not provide judgment criteria for how to meet the "specific" requirements.In the course of judicial practice,both the judge as the judge and the lawyer as the party concerned,the legal workers,the legal person and the natural person have some confusion about the understanding and correct application of "concreteness".Therefore,whether in the judicial theory or in the judicial practice,it is necessary to study the specificity of civil claims.Except for the introduction and conclusion,this paper is divided into three parts:In the first part,the author first tries to analyze the legislative status quo and the lack of judicial interpretation in the aspect of "specificity" of litigation claims,as well as the chaos and dilemma in the judicial practice.Put forward the problem and then find the way to solve the problem,clarify the connotation and extension of "specific litigation request",and analyze and compare the status quo of legislation in and outside the domain.Find the right place to start a problem.In the second part,taking the 900 judgment documents of S court in 2018 as a sample,the written judgment from the perspective of empirical analysis,the analysis of samples of multiple aspects,and then according to the classification of v.,respectively from the payment of lawsuit,and to find out the claims in the suit is not specific forms,and from its general characteristics,and determine the claims is in line with the "specificity" standard,and tries to analyze the causes of this problem.In the third part,After discussing the causes of the problems,the author tries to put forward some countermeasures and Suggestions with strong pertinence and certain operability,and solve the problems from the aspects of judicial concept,legislation,judicial interpretation,judicial practice and litigation cost,so as to achieve the original intention and purpose of this paper.