The Application Of The Elements Fact Theory In The Contract Of Carriage Of Litigation

As Japan’s most central trial methodology also most popular civil litigationpractitioners, elements fact theory The china’s research of the has been still mainlytheoretical introduction, the application for judicial practice is relatively rare afterbeing introduced by Chinese scholars. The core of the civil justice is providing thenecessary relief through the rights provided for private entities under the structure ofconfrontation, whose core is that court hearing referee process centered parties underattack and defense. As the system that has a set of methodological tools, the elementsfact theory is the civil litigation with a double charm of theory and practice. To cardand analysis the application of the theory for a class of disputes, can play a role inpromoting it. This article has chosen the transport contract litigation as example, todiscuss the judicial practice of the elements facts theory.Specifically, this article is about theoretical introduction of the theory and thejudicial practice, which can divide into four chapters:The first chapter which is the starting point for the full text of the study, ismainly about the basic description of the elements fact theory. The theory originatedin Japan, is the keyword of the full article. To analyze the characteristics, thetheoretical basis and functions in litigation, is the comprehensive review over theelements fact theory. Otherwise, the discussion the relationship of the theory andpurpose of civil proceedings, the burden of proof, can provide a specific application tool for the practice.The second chapter is a junction point of transport contract litigation and theelements fact theory. Starting from the introduction of a common transport contractdisputes and litigation types, To discuss the retrieval methods of the theory, which isfocus on the analysis of elements facts in the breach of contract damages and theattack and defense of both parties, will help to promote the discussion on theretrieval methods.The third chapter is the core text of the theory and practical application of theanalysis, which is mainly about the application of theory through the cargo damagecompensation in transport contract litigation cases. The first section is the briefdescription of the case, which is playing focuses on major cases of litigation; thesecond section which starts with a specific subject matter of litigation cases, isclearing the outset of the application of the theory；the third section discusses theattack and defense situation of the parties, which is discussing several rounds of theattack and defense with a clue of elements fact. The fourth section is summary of thecase, which is mainly telling the ligation of the theory. The fifth section discussesoutstanding issues reflected in the case of applications，which includes defensesproviding inadequately, missing legal claims and the error of law. The discussion allabove, is primarily discussing the pros and cons, whose aim is to get the summary ofthe application of the elements fact theory practicing in judicial practice.The fourth chapter is about the relationship between the construction andimprovement the finishing program for the focus of controversy, starting with thesethree questions above, this chapter will summarize the crux of the problem lies in thepoint of application of these theories to grasp the underlying vulnerability of judicialoversight and practical aspects, namely the absence of the program finishing point ofcontention.The author will summarize the important function of the point of contentionfinishing process for the practice, and make suggestions on the establish and improvement over it.