A Unified Theory Of The Subject-Matter Of Dispute

The Subject-Matter of Dispute occupies a very important position in the system of civil litigation law.It not only relates to the focus of dispute,but also links with many specific litigation systems.Different scholars have different standards for the recognition of the Subject-Matter of Dispute.In the process of introducing subject-matter,our country’s civil procedure law strives to combine the foreign concept of no growing soil with the local realities.At the initial stage,there will inevitably appear to be "acclimatization".In the age of great changes in our society,the civil litigation model is updating.China’s concept and recognition of litigation targets has also taken place from passive acceptance to active thinking,but so far there has been no"unification" in the meaning and legal sense of the doctrine.Although the legal provisions of different litigation systems use the term "the subject-matter of dispute",their legal interpretations are different.In judicial practice,judges face different identification criteria of the subject-matter of dispute,but most of them avoid talking about them or using them arbitrarily.It does not comply with the law or the concept.The unity of the basic concept of law is the bottom line and prerequisite for the stability and unity of the civil procedure law.Therefore,in order to prevent chaotic use of lawsuit targets in law and practice,the unification of litigation subject matter in our country’s laws shall be unified without delay.Faced with numerous litigation target identification theories,the "New Procedural Law Theory " is independent of the substantive legal relationship or level of rights.Also,it based on the principle of"one-off payment" recognized by the entire substantive law order,forming the new term "the subject-matter of dispute" from the view of procedural law area which is independent of civil law.Although the Old Entity Law Theory has absolute advantages in our country,more and more judges are consciously or unconsciously using the new theory to analyze the subject matter of claim in specific litigation system.Practice is higher than theory and will eventually guide the theory.Therefore,choosing the New Procedural Law Theory is not only the recognition of the superiority of the doctrine itself,but also the objective requirement of our country’s practice development.The application of new theory and the establishment of an adjustment to China’s existing legal system will not only help to achieve the unity of litigation object identification theory in China’s civil litigation legal system,but also guarantee the certainty and authority of China’s civil procedure law.