Research On The Interests Of Litigation In Civil Litigation

The interests of litigation refers to the necessity and effectiveness of obtaining relief through civil litigation when the private rights of the parties are infringed and civil disputes arise with other people.Whether it is to protect the interests of the parties or regulate the judicial behavior of the people's court,it is of great significance to study the system of the interest of litigation.This dissertation starts with the general theory of the interests of litigation,and combined with specific practical cases,attempts to discuss the identification criteria of the interests of litigation in action for confirmation.The full text is divided into four chapters.The first chapter expounds the connotation,essence and function of the interests of litigation.First of all,this part discusses the connotation of the interests of litigation,and holds that the connotation of the interests of litigation refers to the necessity and effectiveness of obtaining relief through civil litigation when the private rights of the parties are infringed and civil disputes occur with others.The interests of litigation can be understood from two aspects:one is that the private rights of the parties are infringed or have civil disputes with others,and the other is that the civil disputes of the parties have the necessity and effectiveness of resorting to the law.Secondly,starting from with?the discussion of the purpose of civil action,this part defines the essence of the interests of litigation,and holds that the interests of litigation not only reflect the interests of the country,but also bear the interests of the parties.Finally,this part analyzes the functions of the interests of litigation,and points out that the interests of litigation have four functions:excluding improper litigation,generating rights,giving birth to policies or laws,and promoting the realization of the parties'rights.The second chapter discriminates the relationship and difference of three similar concepts:the interests of litigation,the scope of civil trial and the qualification of plaintiffs.In the case of the relevant provisions on the interests of litigation that have not yet been stipulated in our country,this part assumes that based on the judgment of the interests of litigation,we should reasonably expand the scope of the qualification of right protection and plaintiff qualification,and strive to maximize the protection of the litigant's right of action.The third chapter summarizes and analyzes the current situation and problems of the application of the interests of litigation in declaratory judgmentaction for confirmation,and the following conclusions are drawn:first,the interests of litigation are mostly treated as prosecution conditions in judicial practice;second,the negative function of the interests of litigation is far more than the positive function;third,the interests of litigation is sometimes mistaken for the scope of civil trial or the qualification of the plaintiff.Fourth,the benefit of litigation is sometimes misunderstood as the benefit that litigation may bring to the plaintiff.The fourth chapter focuses on the standards of the identification the interests of litigation in the action for confirmation.First of all,this part puts forward the general standard of the identification of tthe interest of action,and from the affirmative aspect,holds that the general standard of the identification of the interest of litigation the interest of action refers to the necessity and effectiveness of starting the civil action to give judicial relief to a certain civil dispute.From the aspect of negation,this paper examines the negation or hindrance of the interests of litigation.These circumstances include:Prosecution does not fall within the scope of the civil trial of the court,repeated prosecution,the parties do not need to achieve claims through judicial decision,the existence of compulsory application procedures other than litigation,the parties have a special agreement to exclude civil proceedings.Secondly,this part discusses how to properly?identify the interests of litigation in the action for confirmation.It is advocated that the interests of the action in the confirmation action should be considered and recognized from four factors:the subject of the action for confirmation,the object of the action for confirmation,the confirmation action as a means of dispute settlement and the realistic necessity of the action for confirmation.Finally,it makes clear the existence of the interest of litigationthe interest of action on the basis of several kinds of special circumstances of action for positive confirmation and action for negative confirmation respectively.