Study On The Interest Of Action In Negative Confirmation Action

Negative confirmation litigation is one of the inherent types of civil litigation.It refers to the litigation in which the parties sue for confirmation that the legal relationship does not exist.The plaintiff is generally the obligatory party in the relationship of substantive rights and obligations,and there is no right basis given by the substantive law when suing.Therefore,the interest of litigation becomes an important factor to measure whether the negative confirmation litigation can enter the court’s vision and obtain a judgment.In recent years,with the rapid development of China’s economy,the number of negative confirmation litigation is increasing in judicial practice.However,there are few legal provisions on negative confirmation litigation in China.The theoretical research on the interests of negative confirmation litigation is not clear enough,the positioning of elements is not accurate,the lack of clear identification methods and unified judgment standards,and the actual application of the interests of litigation in the process of litigation There are also problems in the operation,which greatly hinder the protection of the plaintiff’s right of action and legitimate rights and interests.Therefore,this paper starts from the definition of negative confirmation action and litigation interest,through the analysis of the relationship between the two,the necessity of this study and the relevant content of Germany and Japan,makes clear the identification method and judgment standard of litigation interest in negative confirmation action in China,and improves the review and judgment of litigation interest in the process of litigation,in order to protect the interests of negative confirmation action The right of action and legal rights and interests of litigation provide theoretical basis and institutional guarantee.This paper is divided into four parts.The first part is the definition of negative confirmation action and the interest of action.This part first introduces the meaning,characteristics and types of negative confirmation action,and makes it clear that negative confirmation action is a kind of action in which the legal status of the obligors in the entity’s rights and obligations relationship is in danger or uneasiness due to the behavior of the right parties.After negotiation fails,they take the initiative to sue for confirmation that the legal relationship does not exist.In practice,there are disputes over confirmation of non infringement of intellectual property rights There are many types of disputes,such as denial of parent-child relationship.Secondly,it explains that the interest of litigation is the necessity and effectiveness of the judgment on the party’s request.It has experienced the process from the wrong positioning of the elements of the case in the claim for right protection to the correct positioning of the elements of the litigation in the claim for right judgment.Finally,it is necessary and effective to make clear the interests of the plaintiff in the negative confirmation action.The second part studies the necessity of litigation interest in negative confirmation litigation.This part analyzes the necessity,or the value,of the study on the interests of litigation in negative confirmation.From the perspective of the purpose of civil litigation and the interests function of litigation,the study on the interests of litigation in negative confirmation can provide a theoretical basis for the litigation in negative confirmation to enter the court,so as to achieve a fair,rapid and economic settlement of civil disputes between the parties And it can play the dual role of the interests of litigation in the process of dispute resolution,protect the right of action and prevent excessive litigation at the same time.The third part is about the extraterritorial investigation of the interest in the action of negative confirmation.This part investigates the judgment and operation of the interests of litigation in negative confirmation litigation in Germany and Japan,where the theory and system are relatively mature.The "necessity" and "effectiveness" of negative confirmation litigation are very abstract contents,so it is necessary to make them concrete.Germany judges the interests of litigation from two aspects: the real legal relationship and the legal interests of immediate confirmation.Japan judges the interests of litigation from three aspects: the appropriateness of choosing means,the appropriateness of confirmation objects and the maturity of disputes In principle,the interests of litigation must exist before the end of oral debate.The fourth part is about the interests of litigation in negative confirmation litigation.Starting from the current situation of the interests of litigation in negative confirmation litigation in China,this paper finds out the existing problems and gives some suggestions.The litigation of negative confirmation is a new type of litigation in our country.The theoretical research and legal provisions on the litigation of negative confirmation and the interests of litigation are insufficient.There is no judgment standard for the interests of litigation in the litigation of negative confirmation.The wrong positioning of it as the elements of prosecution also leads to the wrong operation of the interests of litigation in the prosecution,trial and judgment in our country On the other hand,the interests of litigation are judged by the appropriateness of dispute resolution means,the appropriateness of confirmation object and the maturity of the dispute itself,with the exception of fundamental dispute resolution;secondly,it is clear that the interests of litigation are the positioning of litigation elements,and changes are made in the aspects of litigation,trial and adjudication,specifically,the further implementation of case registration system,the post and post review of litigation interests If they do not have the interest of litigation,they will rule to reject the litigation.Finally,it puts forward the suggestions that we should improve the legislation,improve the legal literacy of judges,and not ignore the relief of the plaintiff in the negative confirmation action in the economic development,so as to actively face the challenges of these aspects to the interest judgment in the negative confirmation action.