Research On The Problem Of The Compensate Claims Litigation

The effective legal document confirms that the defendant should return the original thing to the plaintiff,but that the original cannot be returned often happens in execution.In recent years,the court has found that the determination of the value of a specific object cannot be directly converted into a monetary payment in execution when the original cannot be returned,especially the specific for the value needs to be examined by the court,which brings the determination of price recognition into discussion of judicial proceedings.At present,there is only the judgment of the reimbursement of its estimated price when the item is no longer returned in the judicial trial,but the lawsuit has no reference about the future compensation for the damage when the item can be returned.Thus,this paper thinks that we can perfect the existing trial mode and put them into a trial model to discuss.This new trail model is referred to as compensation claims litigation.This article intends to research the concept of compensation claims litigation firstly to demonstrate its legitimacy and define its basic form,and analyze two main dispute points that are the definition of specific objects and categories and the range of compensation requests in the judicial trial for its model form,on which gradually perfects the compensation claims litigation from the three aspects included the conditions,the first instance and the second instance.The paper contains the following four parts:The first part is an overview of the compensation claim litigation.This section will redefine the compensation claim litigation on the basis of various scholars' definitions,and distinguish it from the right of compensation claim and the right for damages in substitution for payment,then make the characteristics of compensation claim litigation clear.The existence of any kind of lawsuit has its own meaning on both theoretically and practically.Therefore,this part is concluded with the meaning of the establishment of a claim for compensation.The second part is the analysis of the basic form of compensation claim litigation.This part firstly points out that compensation claim litigation should be discussed on the basis of the legal theory of the old substantive law,and uses four touchstones to view it,included the merger of lawsuit,the change of the lawsuit,the repeated prosecution,and the objective scopeof the res adjudicator.Secondly,the basic form of the compensation claim litigation is discussed.after a comparative analysis of selective mergers,overlapping mergers,simple mergers,and preparatory mergers,it is considered that the dialectics should be adopted.However,since the dialectics did not mention that the form will be transformed from simple mergers to preparatory mergers caused by the change of lawsuit requests,so the corresponding explanations needed to be added.The third part analyzes the two main disputes of claims for compensation,including the definition of specific objects and categories.The paper will regard the request for compensation as the center,and explain them through the combination of substantive law and procedural law.The defining part of specific objects and categories will firstly clarify the distinction the property rights and objects under claims,because their scope is different.Secondly,the concepts of two groups needed to be distinguished for the judicial trials often use a mix of specific objects and non-substitute materials,categories and substitutes.Finally,there are two standards for the determination of specific objects and categories,namely property standards and designated standards,and the specified standards should be as a guidance by linking the determination of judicial trail.The part of the request for compensation will be discussed in three parts that contain the scope of the request for compensation,as well as the specific time point and the determined procedure.The fourth part is the perfection of compensation claim litigation.although the claim for compensation claims will be eventually used in execution,this section will only provide some suggestions from thee perspective of the trial proceedings for the limited space of this article.This part is mainly divided into three parts,including the conditions for the application,the first instance procedure,and the second instance procedure.The conditions for application are mainly discussed from the characteristics of the claim for compensation.The first instance procedure includes the trial and the judgment.The second-instance procedure contains three conditions that are the primary requests losing and the supplementary request win,and the primary request win while the supplementary win,and the primary and the supplementary losing.