民事案件案由的确定——兼谈对最高法院《民事案件案由规定(试行)》的理解和适用

该文阐述了民事案件案由的概念、基本特征、确定案由的标准和方法。提出以民事法律关系为依据作为确定民事案由的标准 ,以法律、法规对民事法律关系的称谓、民事法律关系的主体、内容、客体三要素和当事人的诉讼请求为依据作为确定民事案由的一般方法 ,另对最高法院民事案件案由规定 (试行 ) ,在审判实践中遇到部分问题提出了解决办法。

This paper expounds on concept, essential character, confirming standard and method for brief of civil law cases. It brings forward common ways and means: according to the connections of civil law, which functions as evidence the criterion on ensuring brief of civil law cases is established; according to the appellation of connections of civil given by laws and codes, as well as three factors, including principal part, content and object of connections of civil law, and litigant petition act gists the brief of civil law is confirmed. In addition that it tries to make out some problems that are usually met during the trial practice, this paper pays special attention to discussing the understanding and application of prescription of Brief of Civil Law Cases (try-out) constituted by the Supreme Court.