Research On Hearing And Judging Of Requirements Of Litigation

The requirement of litigation is a concept of great importance in the civil proceduretheory of the civil law system. It is the measure of legitimate litigation and a fundamentalconcept in the structure of litigation. The requirement of litigation plays a great role in civilprocedure. On one hand, we can make it a clear structure of dual investigation of casesthrough the requirement, and thus make the process of a litigation to develop alongprocedural and substantive routes, on the other hand, the theory of litigation requirementhighlights the value of procedure, which will change the concept of traditional litigation of'more substantive, less procedural'in our country, and change the adversarial trail systemand reconstruct listening and hearing structure. The features, classification, investigating andjudging of litigation requirement, constitute a complete theoretical system, which is one ofthe core concepts of the civil procedure construction and plays a significance role in civilprocedure law.This paper briefly introduces the basic theory of litigation requirement, and thenanalysis the investigating and judging system, which include the investigating method, theinvestigating order and judging method and order and other questions related to theeffectiveness of the judging.The body of this paper is divided into five chapters:Chapter I‐The basic theory of the litigation requirement. In this part, the basic theory oflitigation requirement is briefly introduced, as well as the content, the great position in civilprocedure law. Then the significant role in building the structure of dual litigation is alsopointed out.Chapter II–the investigating of the litigation requirement. In this part, the authorfurther researches the method and order of the investigating of litigation requirement, byanalysis different methods in other country and our civil judicial practice the authordiscusses the special problems of litigation requirement.Chapter III‐the judging of the litigation requirement. This chapter discusses the judgingof the litigation requirement and relative questions. The results of the investigation should beperformed by trial judges, thus we need to discuss the method of judging, and on the basis of which to discuss the related question such as the order and the effectiveness of it.Chapter IV‐ constructing the system of litigation requirement in China's civil actions. Thischapter is based on the systematic theory of litigation requirement, as well as combined withthe actual practice in China civil procedure law.After pointing out the great role of litigation requirement plays in the civil procedure lawtheory, legislation and practice, the author discusses the lack of litigation requirement inChina's current civil procedure law, and then suggest to construct the system of litigationrequirement in our civil litigation system. And at last, this paper points out that our country'scivil procedure law has two drawbacks: the lack of elements of litigation, and the confusionof prosecution requirements and litigation elements. Then point out the idea that on thebasis of putting forward the reform of the current system of prosecution censorship in China,to build the mechanism of hearing and judging of the elements of litigation in our country.