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Demonstrate the legitimacy of the request part of its system design

Author: ChenYuMiao
Tutor: DuZuoZhe
School: Northwest Normal University
Course: Legal Theory
Keywords: Civil action Partial request Subject matter of litigation Res judicata
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 65
Quote: 0
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Abstract


Partial request system that is part of the core issues of the complaint was originally made ​​to the request for a final judgment , the parties can not claim for the remainder of the complaint filed before the issue . This is for the protection of rights of the parties concerned, naturally very effective . But the problem is there a way to take split demands suspected waste of judicial resources . These two views actually represent scholars dispute the different positions on this issue . Some countries have different doctrines request proposals and established jurisprudence , but rarely in our current study , so the judicial practice on the existence of different treatment methods . Based on this , I hope that the problem in civil manipulation of specific and clear , the parties and the court to reduce distress . This paper mainly discusses two ways : The first is whether to allow the request on the part of the question , the author makes an affirmative judgment. The second aspect is the design of the system on the part of the request . First demonstration on the part of this part of the request in terms of legality , mainly from the perspective of comparative law starting with Germany , Japan and other countries and their pros and cons of the various doctrines analysis , the author pointed out that no matter what kind of doctrine must comply with the current actual . In addition , the author from the exercise of the rights of the parties and some requests Cause angle perspective of analysis, that the legislators can not save the Court's resources in order to develop the plaintiff unfavorable legal , noting that part of the request to allow lawsuits filed is the most consistent with the current Chinese judicial practice . Next, I request on the part of the system design , this part is mainly from the jurisdiction of the court , subject matter of litigation , res judicata , and interrupt the limitation of the scope of legislative proposals and other aspects of the analysis and construction, in order to protect the rights of the parties in the judicial resources and conservation strike a balance between . The last part , the author claims for some special analysis, and depending on the circumstances put forward opinions .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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