On The Alteration Of Exchange-type Claim

The alteration claim system has been developed for more than a hundred years,since the establishment of the German Code of Civil Procedure1877, after severalrevisions, and finally was ported to other civil law countries based on the provision of1924article263of the German Code of Civil Procedure, the formation of changes inthe modern sense of the appeals system. With the changing times, today’s appealsswitched promote action to change the economic system plays convenient plaintiffargued that the subject of litigation theory to reconcile old conflicts and avoidrepeating the trial judge made an important role in contradictory judgments. Playappeal of these features make arbitrary changes to the system from one system into asystem of necessity, in the legislative mode, from a focus on the protection of thedefendant ’s defense to attack economic importance litigation. Today ’s changes to thesystem of dispute v. focus on identifying and permit requirements set to change, andin particular with the study and often the subject of litigation theory, doctrinecomplaint records, litigation associated with economic principles, and with the depthstudy of these systems and continue to develop.The exchange type change as an important part of the appeal of changing thesystem, on the basis of appeals to change the system on, but also reflects some oftheir characteristics. Such as a new complaint after changing legal or illegal old howto handle complaints, whether in the nature of the withdrawal of the prosecutionshould be understood as a new complaint filed in conjunction with the two acts, in thecase of the parties to change, given the original parties to the proceedings have beenaway from the need to do different treatment. These problems during operation and isdifferent from the appeal of another type of additional changes to the system, such asappeals, it is necessary to examine separately. This article looks at the modern visionemphasizes economic principles litigation proceedings appeals regime change in thebasis of summing up in Germany and Japan and Taiwan of China based on the theoryof civil law countries, for our system to review and reflect on and makerecommendations to improve. The article consists of the following three parts:The first part is the outlined about the alteration claim system. This section isdivided into the concept of change, history and appeals to identify three areas: clarity exchange connotation type changes introduced by the concept of the history of itsdevelopment process of combing investigation and trends on how to appeal the issueto make changes a clear answer to the type of change. The first part of this articlediscusses, the commencement of the subsequent elements to provide the theoreticalbackground of the problem and the demarcation of discussion range.The second part is condition of alteration claim system. This section is dividedinto three levels: first, introduce elements to consider when setting up when theinterests of the elements needed to establish a clear trade-off benefits. Secondly, thespecific content of the various elements of the expanded discussion and focus on thefact that the same basic elements of the request for analysis. Finally, to make ananalysis of a conflict of interest may exist between the various elements.The third part is the nvestigation and reflection about exchange-type alteration ofclaims. The first part of the exchange for the type of appeal to review changes to thesystem, respectively, from the practical, legislative, theoretical three angles. Then,summarize our complaints system switched change problems and analyze the reasons.Finally, the study and analysis of the system and learn the advantages of other civillaw countries and legislative areas, improve our appeal to change the systemswitched recognition from three aspects, requirements, procedures, etc.