An Analysis Of The Purpose Of Civil Litigation In My Country

The purpose theory of civil litigation is the basic content of the study of civil litigation.As the landmark theory of civil litigation,it is beneficial to guide the development of civil litigation and practice to conduct in-depth research on its connotation.So far,there is little research on the purpose theory of civil litigation,which is basically the pursuit of foreign theories.This paper intends to point out the purpose of civil litigation in China through the study of the theory of the purpose of civil litigation.This paper is divided into four chapters.The first chapter introduces the research characteristics and importance of the purpose theory of civil procedure in China.The second chapter mainly discusses the basic theory of the purpose of civil action.First of all,from the philosophy of purpose,the concept and characteristics of purpose are analyzed.This paper defines the concept of the purpose of civil action,and points out that the subject of the purpose of civil action is the state,and the purpose of civil action embodies the will of the state and is guaranteed by the state's coercive force.The third chapter analyzes the research status of the purpose of civil litigation,discusses in detail several different theories abroad and at home,and probes into the orientation of the purpose of civil litigation in China's civil procedure law,that is,the maintenance of social order.Chapter four argues that the purpose of civil litigation in China should be diversified,that is,dispute resolution should be the direct purpose,procedural guarantee the basic purpose,and interest guarantee the substantive purpose.