The Researches On Modification Litigation

Introduction:First of all,based on the current judicial practice and legislation in China,this paper focuses on the development process and research status of extraterritorial modification litigation,and reflects on the theoretical research,legislative and judicial deficiencies in China.Secondly,the different appellations of the current academic circles also lead to the dispersion of theoretical research.This paper takes the modification litigation under the theory of res judicata time range in the interpretation of civil procedure law as the analysis object,and expands the research scope.Thirdly,it reviews the existing research,analyzes the domestic and foreign research focus and the main academic point of view in detail,and lays the foundation for the discussion of modification litigation theory.Finally,we should pay attention to the localization of the research and improve the methodology of modification litigation.Chapter 1:An overview of the modification litigation.It mainly solves the problem of what is the modification litigation,that is to elaborate the historical origin and legitimate basis of themodification litigation,and to explore the redefinition of the appellation and connotation of the modification litigation in the context of Chinese language.In order to make clear the connotation and extension of the concept of modification litigation,this paper analyzes the related concepts of modification litigation,and then lays a good foundation for the subsequent discussion.In order to further combine the theory with practice,this paper makes a detailed analysis of the litigation rules of modification litigation in legislation and the status quo of the litigation confirmation of modification litigation in judicial practice,and then excavates and refines the problem points of the modification litigation in order to determine the scope and direction of argumentation.Chapter 2:The theoretical perspective of the modification litigation.The theoretical horizon of the modification litigation mainly involves two parts: first,the relationship between the modification litigation and the principle of modification litigation of circumstances in civil law.Second,the relationship between the modification litigation and the res judicata of the original judgment.In the first section,the author makes a detailed review of the relationship between the modification litigation of action and the principle of modification litigation of circumstances,and clarifies their development context and the influence of the principle of modification litigation of circumstances on the modification litigation.Based on the conclusion that "theory of equity" and "theory of confirmation" will lead to the different relationship between the modification litigationd and the res judicata of the original judgment,the second section introduces "theory of equity" and "theory of confirmation" in detail,and puts forward the choice of theory of ought to be based on the judicial practice and theoretical tradition of our country.Chapter 3:The constitutive requirements of the modification litigation The core of the study of the modification litigation is the constitutive requirements of the modification litigation.The first section has responded to this question,in the key constitutive requirements,it is difficult to legitimize the modification litigation without significant modification litigation.The second section discusses the basic types of cases that can be applied to the modification litigation by combing the relevant theories and specific systems of the two legal systems,and excavates the value options hidden behind the basic rules.Chapter 4:An analysis of the reality of Chinese litigation of construction modification litigation.Taking on the above research results,this chapter demonstrates the practical necessity of constructing modification litigation from the legislative and judicial perspectives.On the basis of the second chapter’s basic theoretical research,this paper makes a further specialized study on modification litigation in China.In the first section,from the perspective of legislation,it analyzes the modification litigations in the current litigation of modification litigation in China during the legal transplantation.In the process of making the civil procedure law in the first place,the system of time range of res judicata in our country has the problem of insufficient understanding in the transplantation of other countries’ laws,and the subsequent judicial interpretation has not yet fully summarized the scope of the case of modification litigation.China’s legal provisions on the modification litigation are very imperfect.Although the modification litigation transplanted from Germany and Japan,due to the lack of guidance of the core concept,the modification litigation is difficult to get the proper protection,and the operation is "bleak".In the second section,based on the perspective of judicial practice,it is proposed that due to the lack of theoretical support and clear guidance of legal provisions,there are great differences in the identification of modification litigation in the operation of various court procedures.The procedural structure of the suit for modification litigation is not scientific and the relief path is not smooth,which leads to the influence of judicial authority.It also reflects the necessity and urgency of perfecting themodification litigationChapter 5:Thespecific construction and application of modification litigation in China.This chapter discusses how to realize the function of modification litigation,and puts forward some ideas to improve modification litigation system in the first three sections.It includes the reasonable choice of legislative style and application field,the conditions for bringing a suit for modification litigation,how to design the procedure,the appropriateness of the suit for modification litigation in the procedure structure and application order,which ensures the rationality of relief system and rules from the perspective of necessity.In practice,many complex dispute types often have various disputes in the determination of modification litigation.How to bring forward the modification litigation under special circumstances is also an urgent problem to be solved,so the section of this chapter analyzes the specific operation standards of the modification litigation under different circumstances.