A Brief Analysis of Litigation Interests in Civil Proceedings

DOI: https://doi.org/10.62517/jel.202414228

Author(s)

Xu Liu

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

The interest of litigation is a basic theory of civil procedure law, the common law system has a legal proverb "no interest is no right of litigation", which means that in the case of dispute, the parties have the right to seek judicial relief, in order to exclude some meaningless litigation. It is necessary to determine the interest of litigation, that is, the litigation needs to exist interest. The interests of the plaintiff are the necessity and effectiveness of the court to make a judgment on the dispute when the plaintiff's civil rights and interests are infringed or in civil disputes with others. Unlike the right of litigation, which is shared by both parties, the interests of the plaintiff are generally the prerequisite for accepting the litigation. If there is no legal protection of the interests, there is no way to make a substantive judgment, and the litigation should be rejected. Therefore, the interest of the litigation is linked to substantive law and procedural law. At the same time, the interest of the litigation is also related to a series of basic civil litigation issues, such as the boundary of civil approval power, the jurisdiction of civil litigation.

Keywords

Judicial Interests; Civil Action; Jurisdiction; Litigation

References

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