On The Essential Condition Of Requesting For The Same Basic Facts For Objective Change Of Suits

In the field of civil procedure law in China,the permissible elements of the objective change system of litigation are topics that have not been studied much.Therefore,the core question of this article is what conditions should the plaintiff meet to be an objective change in the lawsuit? China ’s civil procedure law and related judicial interpretations are not clear about this provision.According to the study of civil procedure law in Japan and Chinese Taiwan,China,for the one-time settlement of disputes and litigation economy,the permissible elements of objective change in the law are required that "request for the same basic facts".For providing theoretical support,this article focuses on the systematic analysis and study of the theoretical origin,connotation and judgment criteria of "request for the same basic facts" from the perspective of academic theory and judicial trial practice.The body includes the following four sections:The first part: the basic connotation,current rules and practice status of objective changes in China’s lawsuit.First,analyze the objective changes of the lawsuit and the elements of the lawsuit,and conclude that the basic elements of the objective changes of the lawsuit are the subject of the lawsuit.Secondly,it analyzes the theory of objective changes in litigation and the subject of litigation,and introduces the basic connotation of objective changes in litigation including litigation subject and litigation request changes.Finally,from the perspective of our country’s current rules and practice status,we analyze the problems in the system setting and judicial practice of objective changes in litigation,in order to pave the way for establishing and using the "request basic facts are the same" requirement.The second part: the origin and connotation of requesting the same facts of basic facts.The Japanese Civil Procedure Law stipulates that "the same basis of request" is an admissible element of the objective change of the suit,and the Taiwan region of my country was introduced and developed into "the same basis of request".The connotation of the request for the same basic facts has two main points of view in the civil law jurisprudence community in Taiwan.First,the old and new lawsuits have the same facts or social facts,and second,the old and new lawsuits have the same litigation and evidence.The litigation and evidence of the old lawsuit can be reasonably used in the new lawsuit.In view of the theory and value orientation of the objective change of the lawsuit,the author claims that the same basic content of the request is that the old lawsuit and the new lawsuit form the same lawsuit and evidence.The third part: Request the criteria for determining whether the underlying facts are the same.The judgment standard of "the basis of request(fact)is the same" is closely connected with the connotation.Legislatively,the Japanese Civil Procedure Law does not expressly stipulate the same judgment criteria for the basis of the request,but in theory there are several different viewpoints,namely the theory of interests,the theory of facts and the theory of facts and materials.The "Civil Prosecution Law" in Taiwan of China has no explicit provisions on the same basic facts of the request,but in theory and judicial practice,the judgment standards are mostly discussed,and there are three views,namely,the same social facts,the same basic facts and the disputes Association said.In view of the theoretical origin and value orientation of the objective change of the lawsuit,the author believes that the basis of the request(facts)should be the same and the same theory of facts and judges should be adopted separately.The fourth part: request the establishment and application of the same fact rule as the basic facts.Propose a plan to improve the theoretical system and system settings of objective changes in China’s lawsuit.The purpose of studying the element of "request for the same basic facts" is to establish and apply the element in our country in order to solve the problems of the objective change system in our country.There are three basic points for establishing and applying the objective change of the "requested basic facts are the same" objective of the litigation: First,the important function of establishing this element in the practice of civil justice in China;Second,the establishment of the essentials program is to clarify the litigation The connotation of objective changes,the requirements for the basic facts of the request and the review procedures,etc.;Third,the practice and operation,in the course of practice,explain the plan for testing the same requirements of the basic facts of the request.