On The Interests Of Suits Of Negative Confirmation Suit

With the rapid development of China's market economy,creditor's rights,property rights,and intellectual property rights are becoming more and more complex,and citizens' awareness of their rights has continued to increase,leading to more and more disputes over rights.In addition to the traditional litigant form in which the obligor is the plaintiff,the emerging litigation form in which the obligor is the plaintiff—the negative confirmation litigation is also constantly emerging in judicial practice.However,China's current legislation does not have specific provisions on the trial of civil negative confirmation lawsuits,and the conditions for admissibility of relevant cases have only been mentioned in judicial interpretations in the field of intellectual property,which makes the courts lack of uniform The standard of closing the case shuts out most of these cases,which largely limits the further development of the negative confirmation lawsuit in China's litigation practice.The theoretical community has realized the system value of negatively-confirmed action,but most of the discussions are limited to the general judgment of the confirmed benefits of negatively-confirmed action and how to use the benefits of the law to limit the filing of negatively-confirmed action.The interests of lawsuits specifically regulate different types of negatively acknowledged lawsuits,which have not been discussed in theoretical circles.Therefore,for the purpose of protecting the litigant's rights of litigation and giving full play to the function of generating interest in the interests of litigation,this article will draw on the excellent theories and systems of the interestsof negatively-confirmed litigations in foreign countries,and try to locate the benefits of negatively-confirmed litigations.The four aspects of judgment,judgment standard,judgment procedure and adjudication method provide perfect opinions for the construction of the interest system of negatively acknowledged action in China.This research is mainly composed of four major sections:The first part mainly introduces the basic theory of the benefits of the negatively acknowledged action.In this part,the historical evolution,actual value and theoretical framework of negatively-recognized lawsuits are first sorted out to make clear that in modern civil litigation practice,negatively-recognized lawsuits achieve the balance of right of action,prevent the abuse of right of action,stabilize social relations,and improve lawsuits.Efficiency and other aspects are playing more and more important functions.Therefore,it is necessary to study it.Then explain the basic meaning of the interests of the litigation from three aspects: the generation of the concept of the interest of interest,the definition of the concept of the interest of litigation,and the identification of related concepts such as the right to litigation and the parties' eligibility.The negative function and positive function of negative interest action on negatively acknowledgment litigation.Based on its function,it expounds that in several doctrines of the nature of the interests of negatively acknowledged action,the theory of litigation elements is more reasonable.The second part is the judgment of the benefits of the negative confirmation lawsuit and the study of the status quo in China.First,it outlines the considerations for determining the benefits of a negatively-confirmed action,including the position and principles of judgment.Then it sorts out the existing legislative provisions in China on negatively acknowledged litigation and the benefits of litigation,and the practice of judging the benefits of negatively recognized litigation.Regarding the interests of litigation,China adopts a legislative model of "more abstract principles and special circumstances to list and exclude." Regarding negatively-confirmed litigations,China does not yet have specific regulations on such litigation forms at the level of laws and regulations.This leads to many problems in China's judicial practice:first,the judgment of the interests of litigation often appears as a negative matter,which hinders the exercise of the right of action;second,the judgment standards of the interests of the law are vague and lack the rigor of the law;The third is that the judgment standards for the interests of the lawsuit are different,which has led to the confusion of judicial trials.This article will focus on solving these problems in the fourth part.The third part is the examination of comparative law.This article has learned from the civil procedural law of Germany,Japan and France.The benefits of a negatively acknowledged lawsuit should be treated as an element of the lawsuit,and there should be standardized judgment standards,and certain procedures should be followed in terms of the judgment process.As far as the form of adjudication in the absence of the interest of litigation is concerned,the major countries do not adopt the form of the court's judgment on the obligatory rights of the case entity,but adopt the form of litigation judgment.The fourth part is the suggestions and countermeasures for the improvement of the interest determination system of the negatively acknowledged litigation in China.First,it should be made clear that the positioning of the interests of the action in the negatively acknowledged action is one of the elements of the action.Second,two-layer judgment standards for the benefits of negatively acknowledged lawsuits should be formulated: general judgment standards,mainly including three aspects: the appropriateness of method selection,the appropriateness of object selection,and the maturity of disputes;the judgment standards of specificity,Summarizes the new types of negatively acknowledged lawsuits in practice,and summarizes the special criteria for judging the benefits of special types of negatively acknowledged lawsuits.The third is to optimize the procedure for judging the interests of litigation,mainly from the order of examination,the mode of examination,and the interpretation of judges.The fourth is to regulate the order of adjudication and the form of adjudication that should be made when there is a lack of benefits.