Civil litigation purpose theory

Author: Li ZuJun
Publisher:
Publish Date: 2001-04-01
Features: The theory of litigation purpose, the theory of right of action, and the theory of the essence of res judicata are all regarded as three abstract and important basic theories in traditional civil litigation law theory. Among them, the theory of litigation purpose holds a central position in the field of civil litigation theory and practice. The theory of litigation purpose has received high attention from scholars abroad (especially in civil law countries). Unfortunately, due to historical reasons, our field of civil litigation law has not yet conducted systematic and comprehensive research on this issue, and the theory of litigation purpose has not even attracted widespread attention from scholars. The author has chosen this pioneering and challenging topic as the research subject of his doctoral dissertation and has revised, supplemented, and improved it based on the dissertation, forming this substantial monograph. The author attempts to construct a complete and distinctive theory of litigation purpose that integrates the protection of substantive and procedural interests, based on learning and reflecting various theories of litigation purpose and combining them with the realities of China. This book begins with the conceptual analysis of the purpose of civil litigation, discusses in detail the main constraints on the purpose of civil litigation, identifies the litigation values that should be considered when establishing the purpose of civil litigation, and deeply analyzes the causes, advantages, disadvantages, and goals of fact-finding in civil litigation of various theories of litigation purpose. On this basis, the author proposes the theory of litigation purpose for interest protection; after exploring the means and methods for realizing the purpose of civil litigation systems, the author also studies the relationship between the purpose of litigation and the open trial system, the purpose of litigation and the interpretation of civil litigation law, etc. This book is the first monograph in the field of litigation law to comprehensively and deeply discuss the purpose of civil litigation, and in many aspects, the author has made pioneering research. In other parts of the book, the author also has many unique insights, which are left for the readers to judge.