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Professor Li Hao Was a Guest on Disputes Resolution Forum And Gave a Lecture on “Theory And Practice on Civil Objection of Litigation ”

On March 22, 2017, disputes resolution forum, held by diversified disputes resolution research center of Chinese People's University on Mingde legal building Room 708 at 6:30. Professor Li Hao, from Nanjing Normal University law school, was invited to deliver a lecture "Theory And Practice on Civil Objection on Litigation”. The forum was presided over by Professor Xiao Jianguo, from Chinese People's University law school. Professor Ji Gefei, from Chinese University of Political Science and Law, and assistant professor Xu Shanghao from Chinese People's University law school, and Huang Zhongshun, an assistant researcher from Tsinghua University law school, were invited to comment on the speech.

At the beginning of the forum, Professor Xiao gave a brief introduction about Professor Li's academic experience and research field. Subsequently, Professor Li offered "Theory and Practice on Civil Object of Litigation" for a keynote speech.

Firstly, Prof. Li listed the cases in which people have major differences in practice. The cases relate to many aspects, such as “part of request", "negative confirmation", "principal first, interests later", "spouses joint debt" and so on. Prof. Li respectively gave a preliminary discussion of object of litigation of each case and introduced different solutions to deal with those problems in juridical practice.Secondly, Prof. Li gave a very specific introduction about the theory’s development of object of litigation. The theory originates from Germany. At very beginning, object of litigation was based on right of claim of civil substantive law, and equaled with right of claim. This is the old substantive law theory——separating object of litigation and right of claim. With the development of the civil litigation, the old substantive law theory has been challenged. There are more and more disadvantages of the old theory——it can’t function in a usual concurrence of right of claim, increasing the workload of both courts and parties’, detracting from the function of civil litigation, etc. Therefore, the procedural law theory was put forward by some scholars. According to the different fundamentals for the judgment of object of litigation, the theory can be divided into two parts, one is binary theory and the other is single-based theory.

However, the procedural law theory still could not solve the problem of concurrence of right of claim. And it also produced other new problems. Because of this, some scholars came up a new theory called new substantive law theory. According to this new theory, the most important question for studying object of litigation is concurrence of right of claim, which causes unspecific object of litigation. So the new substantive law theory solves the problem in different methods from different angles. The essence of the theory is to move the bound of concurrence of claim and law coincidence. The prominent point in the theory is the German scholar Mr Henckel’s view, which is divided the rights of claim into two different kinds of right based on their functions. One is right of claim for application of law, and the other is right of claim for economic purpose. Based on the theory, the plurality and the difference of objection of litigation directly relate to the latter one.

In the following review part, every guest gave professional and wonderful reviews for Prof. Li’s speech. Prof. Xu thought the theory of object of litigation is the fundamental for civil procedure. It is of great significance to clear the standard for choosing the theory. From Prof. Ji’s perspective, every judge has different opinion for object of litigation, which may cause relativization of object of litigation. Prof. Ji also has the opinion that a unified theory is needed to clear the meaning of object of litigation. By contrast, assistant researcher Huang argued that the theory of object of litigation paly a special role in every lawsuit, while different views on the theory have different functions, which lead to different corresponding systems. So we had to locate the function of object of litigation and configure it with related litigation system.

During Q&A part, many students put forward their own opinions about the theme of the forum, and Prof. Li responded them one by one. After a brief conclusion by Prof. Xiao, this forum successfully ended in a harmonious warm atmosphere.

(Editor: Sui Chuan)

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