Concerning The Theory Of Acts In Civil Litigation

The theory of acts in civil litigation is a basic theory for the science of civil procedural law. In the civil law countries, the science of civil procedural law is composed of the theories of litigation subject, acts in litigation and the object of litigation, and the theory of acts in litigation which studies the acts in general, searches for the regulation is the corner-stone for the science of civil procedure in reality. However, in our country, civil litigation theories have paid scant attention to acts of litigation, which is very disproportionate to the position of its basic theory. I have studied the whole contents of the theory on the base of the results of current research contrasting with the juristic acts.The first part is concerning the position and the history of the theory. Scholars regarded the theory as a basic one without doubt, but what the basic significance means is the key problem. Besides the object of the theory as an essential element to civil procedure, the theory is helpful to carry the procedure ideals through. The practical significance is the theory can establish a theoretical foundation for civil procedural lawmaking. Invalidation of acts system in civil litigation system has been established in the civil countries to punish illegal acts, and in our country, it requires civil procedural law to explicitly prescribe the results of the invalidation on most occasions. In history, in order to distinguish the civil procedural law from civil law, scholars established the theory with a distinct procedural character for acts in civil litigation.Part two is about the problem of defining acts in civil litigation. Act in civil litigation is people's conscious behavior in order to make the relation of litigation occur, change and exterminate. The characters of acts are different according to the people who conduct the acts. The acts of court are judicial acts aiming at resolving dispute,while the administrative acts are performing acts. Litigants' acts are based on the right of access to justice, which is a procedural right. As to the scope of acts in civil litigation, it should not include all the behaviors that have the procedural results, and only the acts that have expected results in procedural law, can be included. The acts have the characters of relativity, mutual dependence and double purposes, which distinguish themselves from the acts in civil law.Part three is focus on the classification of acts in civil litigation. Because there are many great differences between court and litigants, before researching the acts we must separate the two. Court is the national judicature who must act according to law, and its acts can be subdivided into acts in command and acts in judgment. The acts of litigants are the main part of the theory of acts in civil litigation, which can be subdivided into one side's acts and joint acts, and should be treated with accordingly. The former request judicial reviewing, and the latter can be directly recognized without interfering.Part four, forming, validating and evaluating acts in litigation. Whether an act has been formed is a fact, while whether an act is valid is a value judgment, and distinguishing the two has positive significance for us to protect the rights of litigants. Studying the factors of valid act can provide scientific litigation act pattern. It is an important mission for judge to evaluate acts.The final part, minor faults in act and invalidation of act. In action, the acts with minor faults could not be all affirmed or denied, most of which can be withdrew, repaired or acknowledged to get rid of the minor faults. In the end of the article, I have studied the invalidation of acts, whose purpose is to punish illegal acts.