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当事人为了让自己的主张成为判决前提而有着向法院提出诉讼主张的责任,也就是当事人的主张责任,它也影响着民事诉讼程序的推进发展。当事人的主张责任法理主要有主张责任内涵、适用对象与分配等内容。行为主张、结果主张这两项内容构成主张责任。在法律的设立上,要件事实是民事诉讼当事人主张责任的设定对象,遵循着按照因法律受益的当事人承担主张责任来进行的分配规则。
In order to make their own claims as a prerequisite for the parties to have the legal claim to the court, that is, the parties claim responsibility, it also affects the progress of civil proceedings. The main responsibility of the parties claim the law has the responsibility to claim content, application and distribution of such content. Behavior claims, the results claimed that these two elements constitute the responsibility. In the establishment of the law, the essential fact is that the litigants of civil litigation should set the object of their responsibility and follow the distribution rules that the litigants who benefit from the law bear the responsibility for the litigation.