On The Examination Of The Benefits Of The Lawsuits Confirmed In China

In a society ruled by law,judicial relief is one of the most authoritative and important ways to protect citizens ’rights.Civil litigation is a procedure for the settlement of civil disputes by the court at the request of the parties.When a party with private rights requests the court to conduct a civil trial,the court has the power and obligation to accept and carry out civil proceedings,so the party seeks trial relief.The request must be protected.As one of the three traditional litigation types,confirmed litigation,although it is not the most frequently applied in practice,has also shown a trend of increasing year by year.Due to its own characteristics and the influence of national judicial resources,the application of confirmed litigation is impossible Indiscriminately,the requirement of confirmation of interest is intended to measure whether the confirmation request submitted by the parties has the necessity of the court to make a judgment in this case and the effectiveness of preventing disputes or completely resolving disputes.The concept of confirmation of interest is indeed applied in China ’s judicial practice.However,the fragmentation and non-targeting of the law stipulates that the nature of the confirmation of interest is incorrectly located,which leads to the confusion of review standards and mismatched review procedures in the review of the confirmation of interest In this paper,based on the aforementioned problems,based on comparative analysis and empirical analysis,the corresponding countermeasures and supporting measures are proposed,which constitute the main content of this article.The text of this master thesis is divided into five sections,with a total of more than33,000 words.The first section provides a brief introduction to the basic theory of benefit recognition,and aims to provide a theoretical foundation for the discussion below.This part mainly introduces the meaning of confirmation of interest,the necessity of review,etc.The aim is to highlight the practical value and practical needs of the recognition of benefits,and respond to the theory of confirming the interest substitution.The second section mainly discusses the legislative and judicial status of the recognition of interests in our country,and then proposes that China’s courts have problems such as confusion and rigidity of the review standards when reviewing and confirming interests,sometimes the lack of confirmation of the application of benefits,and mismatches in reviewprocedures.The confusion of the review standards has brought about extreme differences in the legal opinions of the court system and diametrically opposed judicial tendencies,and may even aerially execute the functions of dissent and formed litigation.Misplacement of confirmation of interest in the prosecution process brought about problems that hindered the party ’s right to sue,lack of party procedural safeguards,and repeated review procedures.The third part mainly analyzes the causes of China’s confirmation of interest review.The confusion of the review standards is mainly because there is no explicit provision on the recognition of interests in our laws,and it may also be related to the controversy over the theory of confirmation of interests.Positioning the recognition benefit as a prosecution element is inconsistent with the characteristics of the recognition of the benefits of the two areas of the procedure and the entity,which is not related to the dual lawsuit originating from the Soviet Union.The fourth part mainly takes comparative law as the research perspective.In order to meet the compatibility of the same source in the legal system,this article mainly introduces the legislative provisions and judicial practice,doctrine disputes,etc.of the interests recognition of the civil law countries and regions,With a view to providing a reference for the review of the recognition of interests in China..Although the fifth part confirms that the interest review has the quality of interest measurement,it should return to the statute law.This part first puts forward the legal basis that the court can rely on when reviewing the recognition of interest in the case of insufficient supply of confirmed interests in China ’ s legislation,that is,in accordance with the application of Article 119 of the Civil Procedural Law,it cooperates with the integrity of the Civil Procedural Law The principle of credit to ensure the validity of its application.For the sake of long-term planning,our country should still take the expressly prescribed path.Secondly,combining with the content of some preliminary consensus in the judicial practice of our country-the object of the lawsuit of confirmation is the legal relationship-try to put forward a practical and valid standard of confirmation of interest review.It starts with three aspects: what is the appropriate confirmation object,the appropriate means of dispute resolution,and whether it has the immediately determined benefits.Among them,a type analysis of the coordination between the confirmed litigation and the execution of the dissenting litigation was also carried out.Finally,after clarifying the nature of the confirmation of interest should be an element of litigation,combined with China’s trialstructure,it is recommended that the confirmation of interest be placed in the review of the court proceedings and corresponding supporting measures are proposed,namely: the principle of trial and the form of judgment of post-review,The exercise of the power of interpretation,the reasoning of judgment documents,etc.