Civil Procedure Law Teaching Cases

Author: Chief Editor: Wang Jingfan
Publisher:
Publish Date: 1999-05-01
Features: Preface: Civil Procedure Law Teaching Cases is a teaching supplement for the textbook Civil Procedure Law. Through the analysis of specific cases, this book not only combines textbook content with individual cases but also analyzes legal cases, thereby strengthening students' understanding of concepts and theories and improving their ability to analyze and resolve cases. There may be imperfections in this book, and we welcome readers' valuable feedback. The authors of each chapter are as follows (in the order of chapter writing): Wang Jingfan (Chapter 1 to Chapter 7) Song Zhiwu (Chapter 8 to Chapter 11) Xiao Jianhua (Chapter 12 to Chapter 15) Yu Zhaoiping (Chapter 16 to Chapter 18) Guo Jiyuan (Chapter 19 to Chapter 26) Qiao Xin (Chapter 27 to Chapter 33) Yang Xiuchun (Chapter 34 to Chapter 35) Editors March 1999
Excerpt: The plaintiff in this case filed a lawsuit against the defendant seeking payment, which contains two layers of meaning. If Li Daye had only requested payment from Li Mou, it would be an entity claim under civil law, the foundation of a civil lawsuit. However, Li Daye's request to the court for the court to order Li Mou to pay constitutes a claim under civil litigation.
Question: What are the connections and differences between the procedural meaning of a claim and the substantive meaning of a claim?

The elements of a claim include the subject of the claim and the reason for the claim. The subject of the claim refers to why the plaintiff is suing the defendant, the civil right and obligation relationship between the two parties that is disputed and requires the court to make a ruling; the reason for the claim refers to the factual basis on which the plaintiff is suing the defendant. Each claim must have these two elements; otherwise, it cannot be considered a claim.
18. The subject and reason for a claim in an injury case
A professional model from a certain company, Ms. Jiang, went to a karting club to play karting. Her hair exposed outside the helmet was caught in the rear axle of the kart. After hospital diagnosis, Jiang was found to have scalp injuries, spinal cord damage, and loss of sensation below the chest. Ms. Jiang sued the club, demanding compensation for medical expenses, rehabilitation costs, disability compensation, and mental compensation, totaling over 3 million yuan.
Hint: The subject of the claim in this case is the dispute over the civil tort legal relationship formed based on the plaintiff's karting activities and the legal facts recognized by the defendant that the plaintiff did not follow karting rules, resulting in an accident and disability. It requires the court to rule that the plaintiff, as the subject of the legal relationship, is entitled to compensation and compensation under law, and the defendant is obligated to pay money under law. The reason for the claim is the factual basis of the plaintiff's karting activities, the hospital diagnosis, medical reimbursement receipts, and the factual basis that the defendant does not bear civil liability.
Question: (1) What is the subject of a claim? What are its characteristics? (2) What are the reasons for a claim?
19. The object of the claim
A shepherd named Zhang went to the grassland to graze sheep and returned home. He found that one of his sheep was missing and could not find it anywhere. Six months later, Zhang went to the market to sell sheep and accidentally discovered that one of Liu's sheep was the one he had lost six months earlier. After examining the characteristics of the sheep, he determined it was his lost sheep. Then, Zhang explained the situation to Liu and wanted to take back the sheep. Liu firmly denied that it was a found sheep and refused to let Zhang take it. The two had a dispute, and Zhang sued the court, asking the court to rule that Liu return his lost sheep.