论诉的变更(国外英文资料).docVIP

论诉的变更(国外英文资料) The change of the theory of v. Author: the kingdom [middle image classification number] df718 [document identification code] a [article number] 1000-5420 (1999) 2006-0068-06 The subject of the lawsuit is the unification of the content of the dispute and the form of litigation request To the problem of litigious debate in a foreign country for more than a century, has put forward the old substantive law says or traditional litigation subject theory, v. statement, and thats the reason to merge say or binary limb, three segments (program claims, claims and life truth reasons), the statement said of a lawsuit or a limb said, the new concept of substantive law and litigation target unified denied said etc (note: jung-chung Chen. Civil procedural law and litigation target theory [m]. Taiwan: Taiwan university school of law books editorial board of law, 1997. 335 ~ 335.) our country civil procedure law scholars are generally accept traditional litigation target theory (note: diesel generator company. New in civil procedure law [m]. Beijing: law press, 1992.60. Diesel generator company. Chinas civil procedural law [m]. Beijing: Chinese peoples public security university press, 1992.285), but more recently, some scholars put forward their own views in the subject matter of the litigation (note: wai kong, ray, and Han Yingbo. Theory of litigious [j]. Journal of jurists, 1997, (2) unitrode application note. Theory of litigious and identification standard [j]. Journal of legal research, 1997, (4). Zhang red. The civil proceeding research [m]. Beijing: law press, 1995.92.). The author thinks that, with both parties dispute lawsuit target of civil legal relationship, also related to the claims of the parties to the court, is a controversial civil legal relationship of the content and the claims form is unified. Controversial content of civil legal relation is the litigation target, the purpose of civil litigation is to resolve the disputes of civil legal relationshi