The Study Of The Implication Of Claim

Nowadays,the scholars of our civil procedure law hold different views on the conception of claim.Each view has its own advantages and disadvantages,which cannot persuade each other.This current situation leads to some debate in theory.From the meaning,history,quality and character of claim,the essence of claim could be summarized as a request raised by one of the parties.This paper aims to analyze claim from meaning and character to clarify the essence of claim,and find the defects and contradiction of different doctrine.The replacement of judicial request to claim can solve the fuzzy of claim and the debate in theory.The judicial request could reflect the essence of claim,and make up for the defect of different doctrine,which can meet the requirements of the judicial practice.