An Analysis of the Object of Civil Litigation and Its Identification in China

The object of civil litigation refers to the object tried and judged by courts. China's theory on the object of civil litigation absorbs the theoretical basis of continental law system and evolved some theories such as theory of civil dispute, of two new braches, of separate identification, and that of old substantive law having been widely adopted by practical departments. The disputes among these theories focus on the identified standards of the object in the action of prestation. From the angle of litigation practice, we should stick to the theory of substantive law. However, the identification of the object of civil litigation shall take the substantial legal relations or claim put forward by the plaintiff as the standard, while the substantial legal relations or claim that haven't put forward by the plaintiff to the court can't be regarded as the standard.