Research On Difficult Problems In The Trial Of Individual Partnership Cases

Partnerships are divided into civil partnerships and commercial partnerships.The personal partnership that this article focuses on is a civil partnership.Partnerships are mostly established by trust,and disputes arise due to interests.The partnership agreement is both contractual and organized.It is generally believed that individual partnerships are regulated by contract law.This article discusses the performance,causes and countermeasures of difficult problems in the trial of individual partnership cases.Relevant representative cases were obtained from the China Judgment Documents Network and other cases.Through case investigations,it was found that there were differences in the opinions of the courts at various levels regarding the disputes of individual partnership cases,and through refining,it became a difficult issue in the trial of individual partnership cases.Difficulties in the trial of individual partnership cases are concentrated in: the standard for determining the legal relationship of individual partnerships is not uniform,which is manifested in the uncertainty of the establishment conditions of individual partnerships,and the personal partnerships are competing with other legal relationships;the premises for the treatment of partnership property are not clear,and the partnership property and debt The scope is difficult to determine.Through the case with other contract cases,it was found that the appeal rate,retrial rate,rate of change of judgment,and retrial rate of individual partnership cases were much higher than those of other contract cases.From the perspective of the three dimensions of individual partnership legislation,justice and parties,the causes of difficult issues in the trial of individual partnership cases are analyzed from three aspects: legal norms,case facts,judgement behavior and party behavior.Reasons for difficult problems in trial of individual partnership cases.First,legal norms are difficult to follow.This is manifested in the chaotic legal system of individual partnerships and conflicting contents;the unreasonable positioning of individual partnership legislation has led to an unclear nature of individual partnerships' civil and commercial laws and difficulties in applying the law.Second,the facts of the case are difficult to ascertain.It is manifested in the restriction of thecourt's investigation evidence and the distribution of burden of proof under the rules of evidence;the legal relationship is complicated,and the parties lack effective evidence.Finally,individual partnership behavior is difficult to define.Personal partnership behavior lacks hard constraints;lack of unified refereeing rules,overwhelming discretion,and obvious discrepancies in referee results;affected by legislative ideas,judicial systems,and parties' integrity factors,personal partnership behavior is difficult to define accurately.In view of the inconsistency of the standard of judgment for difficult issues in the trial of individual partnership cases,suggestions are made from the aspects of the protection of the interests of the parties,the substance of the individual partnership,the internal and external partnership,and the reasonable disposal of property.In order to solve the difficult problems in the trial of individual partnership cases,the principle of substantive and comprehensive review should be adhered to,and the individual partnership should be accurately identified;the principle of equitable interests and reasonable disposal should be adhered to,and disputes on partnership property and debt should be effectively handled.To determine whether an individual partnership is established,we should insist on reviewing the statutory form and substantive elements of the individual partnership at the same time,and paying more attention to substantive examination.In order to effectively distinguish individual partnerships from other legal relationships,we should insist on a comprehensive review of the internal and external relationships of individual partnerships,and pay more attention to the review of internal behaviors such as capital contribution behaviors.For individual partnership property disputes,the concept of protecting and balancing the interests of the parties should be established,specific cases should be analyzed concretely,the space for disputes should be narrowed,the identified property should be dealt with in a timely manner,and the partnership property and debt disputes should be resolved reasonably and effectively.