Theory Of Essential Fact In The Application Of Commission Contract Litigation

The essential fact theory developed in Japan,it develops upon the essential fact education inJapanese Judicial Training Institute. The essential fact theory can be said to be a thinking methodthroughout the process of the judicial training school education.The first part of the thesis introduces the concept, characteristic and function of the essential fact andtheory of essentials facts. Through the comparison with other systems of civil procedure, making clear theconnotation and value of the essential fact. The meaning of essential fact, legal facts and main facts hasno difference. But the three facts delong to different theory systems, and their functions are also different.The essential fact is used in judging whether prior to the establishment of legal requirements, clear theparties’ must proved facts of the case, most used to guide the parties’ and the judge’s litigation activities.Different subject matters of litigation require different scope of essential fact, one subject matter matchesone attack defense system and the core of attack defense system is the essential fact. The relationshipbetween facts and the burden of proof, is that when the essential fact is still unclear status, the burden ofproof provides a judgment standard, which helps the judge make referee in the absence of proof case.The essential fact theory has guiding significance for the parties and the judgeinvolved inlitigation. Only the parties are clearly what the facts would affect their own appeal, to effectively organizethe attack and defense, and ultimately ask judges to meet their demands. For judges, the essential factscan provide ideas for trial, the judge in order to efficiently complete judging, he must accurately graspessential facts and guide the parties attacking and defensing around the essential facts.The second part of the paper will combine the provisions of the contract law of contract, analysis ofprincipal contract disputes, sum up these disputes and litigation by using method of the hermeneutics ofcivil law one by one, providing reference for the contract dispute.With the application of essential fact theory, the attack defense mode can be clarified, and reducing the scope of attack anddefense, improving the efficiency of the trial.The third part of the thesis will carding the application of the theory of facts,with a contract disputecase as an example. In the trial, the parties may indeed exist the problem of the lack of action,in the caseof Hongda company sue Buyecheng company, the plaintiff did not seize the attack and defense key.The fourth part of the thesis point out that in order to ensure the fairness and efficiencyof litigation, the judge mustremain neutral basis, and lead the attack and defense parties. Therefore, thejudge interpretation is an urgent regulation to be established and perfected. The judge shallspecify litigation, clear attack and defense system; Interprete right basis, clear attack and defense base;Interprete facts of essentials, clearly the focus of controversy; Interprete of evidence, clear responsibility.