A civil case is a civil dispute in which the parties request the people's court to make a fair judgment according to law. What is a civil dispute? Civil disputes are disputes about civil rights and obligations between parties. Civil rights refer to the scope of interests granted by law to civil subjects or the possibility of carrying out certain actions in order to realize certain interests. Civil obligation means that the subject of obligation is required by law to do or not do something to satisfy the interests of others. Civil rights are relative to civil obligations. Without civic duty, there is no civil right. Civil rights and obligations constitute the content of civil legal relationship. No matter how many elements make up a civil legal relationship, civil rights and obligations are in a dominant position in the civil legal relationship. Because the change of the subject or object of civil legal relationship is ultimately reflected in the change of civil rights and obligations. The rights claimed by the parties must be based on a certain legal relationship, and such rights (and the corresponding obligations of the other party) are the constituent elements of this legal relationship, that is? The rights claimed by the parties must be based on the corresponding legal relationship. Civil rights and civil obligations constitute the content of civil legal relations, determine the nature of legal relations, and are the most important basis for dividing various civil legal relations. For example, according to whether the content of legal relationship directly has property interests, civil legal relationship can be divided into property legal relationship and personal legal relationship. Property ownership, contract and inheritance all belong to property legal relations, while name, reputation and parents all belong to personal legal relations. Therefore, judging the nature of the case, summarizing the core content of the case, or choosing an accurate name for the case are the only way to study the civil rights and obligations disputes between the parties, especially the legal relationship on which the rights and obligations of the parties depend. Only in this way can we determine the existence of a case or distinguish it from other cases.
Based on the above analysis, the law? 2000? Document No.26 pointed out that the cause of action of a civil case should generally include two parts: the legal relationship between the parties and their disputes, such as the quality dispute of the sales contract. However, this two-part constitution method is not absolute, and it is mainly applicable to cases arising from contractual relations. The contractual relationship (including all kinds of nameless contracts) is a legal relationship that is easy to judge. According to the law, a contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. If the cause of action of a contract case does not include the legal relationship between the parties and their disputes, it is difficult to highly summarize the nature and content of the case. However, in some contract dispute cases, the cause of action only lists the legal relationship of the dispute, but does not point out the disputes arising from the contract between the parties, such as various sales contract disputes. This is because on the one hand, there are many disputes between the parties, and on the other hand, such disputes rarely go to court, so there is no need to make too detailed distinction. In some cases, the disputes between the parties themselves imply the existence of special legal relations between the parties, such as divorce disputes and lien disputes, and there is no need to supplement the legal relations between the parties. This is true of all infringement disputes and ownership disputes. However, in contract disputes, the disputed part cannot constitute a complete cause of action alone. For example, although the freight dispute indicates that there is a transportation relationship between the parties, it is unknown what kind of transportation relationship it is, but the applicable law of the relationship between maritime transportation and road transportation is quite different.
When the legal relationship between the parties' prosecution and the actual litigation is inconsistent, the people's court shall correctly judge the actual legal relationship between the parties and determine the cause of action on the basis of the real legal relationship between the parties. For example, the name of joint venture is actually a loan relationship, and the name of cooperative development is actually the transfer of land use rights. For the establishment of various infringement cases, it is necessary to determine whether there is a special legal relationship by discussing whether the rights claimed by the parties are independent civil rights. For example, shareholder rights disputes. Shareholders' rights include both property rights and personal rights, but they are neither property rights nor creditor's rights and need to be listed separately. The civil rights of civil subjects are very extensive, and all disputes over civil rights and obligations belong to the scope of civil cases accepted by the court. However, the number of civil cases actually accepted by the court is limited, so some causes of action, such as maritime affairs, bills, securities, shareholders' rights and interests, unfair competition disputes, etc., are summarized according to the existing legal provisions rather than from practical experience. Whether the summary is accurate and meets the needs of judicial practice remains to be tested.
Several noteworthy causes of action: First, the dispute over certificates of deposit. This is a cause of action in the Provisions on the Trial of Deposit Certificate Disputes issued by the Supreme People's Court 1997. However, according to the Regulations on Savings Management formulated by the State Council, the certificate of deposit is not only the evidence of establishing a savings contract relationship between the parties, but also a kind of property right certificate. Therefore, there are two kinds of disputes caused by certificates of deposit: one is savings contract disputes, and the other is disputes caused by the real right of certificates of deposit, such as the illegal possession of other people's certificates of deposit or the pledge caused by certificates of deposit. The second is the guarantee dispute. According to the Guarantee Law, the guarantee contract is a subsidiary contract of the main contract, but it can also exist independently. If the parties only dispute the guarantee, such as the validity of the guarantee, it has nothing to do with the main contract. If the guarantor only questions the warranty in the main contract dispute, such as exceeding the warranty period, etc. Although there is a guarantee dispute, it does not constitute an independent case. A similar situation exists in disputes over letters of credit. Third, futures trading disputes. Futures trading involves many parties, such as futures exchanges, customers, futures companies and delivery warehouses. Therefore, futures trading disputes belong to the general cause of action, and the court should determine the cause of action according to specific cases. The fourth is copyright disputes. According to the content of copyright, it can be divided into two kinds: disputes over property rights of works and disputes over personal rights of works. However, in an infringement case, there may be more than one dispute between the parties, and the cause of action can be determined according to the most important dispute between the parties. The same problem exists in the cause of action of inheritance cases. Although statutory succession and testamentary succession are juxtaposed, they may both involve the same case, and the cause of action of a specific case can only be determined according to the disputes between the parties mainly due to statutory succession or testamentary succession.