The Renascence And Practical Orientation Of The Theory Of Object Of Civil Litigation Under The Involution Criticism

Although there have been studies on the object of civil litigation since the Savigny period,and based on it,the separation of civil procedure law from civil substantive law in the process of "entering public law from private law" has been completed,and the old substantive law theory of object,the procedural law theory of object,the new substantive law theory of object and the relative theory of object has been born successively,so that the diachronic game among them has begun,the previous studies’ attention to partial problems and neglect of systematic problems make themself either take into account one or lose the other between the choice of advantages and disadvantages,or deviate from China’s native judicial ecology,and then become a "dragon killing technique" and fall into the dilemma of involution.In addition,the core status of the object of civil litigation in the theoretical system expands the confusion of theoretical choice to many aspects of judicial practice,resulting in many problems affecting judicial justice and efficiency,such as different judgments of similar cases.The solution of the above problems can no longer rely on the existing theories that always have defects,but should rely on the creation of a new theory of object of civil litigation that can effectively responds to the above problems from a systematic and localized visual angle.The starting point of this solution is to firstly analyze and select the superior categories of the object of civil litigation,and then extend down to the horizontal comparison and practical application.Specifically,this paper is divided into three parts.The first part demonstrates the core status of object of civil litigation in the theoretical system,and puts forward the involution dilemma and corresponding practical problems.The second part clearly points out that the upper category of object of civil litigation should be taken as starting point to determine the connotation of object of civil litigation,and analyzes the different characteristics of object of civil litigation under the history of different legal systems,the different concepts of civil litigation,the different purposes of civil litigation and the classification logic of substantive procedure law.Then it makes a horizontal comparison between the advantages and disadvantages of the existing theories of object of civil litigation.Finally,in the comprehensive choice of superior categories and horizontal comparison results,a new theory of object of civil litigationthe abstract legal fact theory is created.The third part connects the new theory of object of civil litigation with the typical practical application scenarios,including the value of the procedural classification standard of object of civil litigation in reverse administrative litigation,the distinction between object of civil litigation and substantive right and claim,the effect of object of civil litigation on subjective and objective scope of res judicata,and the connection between object of civil litigation and judge interpretation system,so as to solve the problems in judicial practice and test the scientificity of the new theory of object of civil litigation.