When the court of first instance files a case, it may determine the cause of action according to the prosecution of the parties. When the legal relationship brought by the parties is inconsistent with the legal relationship of the actual litigation, the actual legal relationship between the parties identified by the court shall be taken as the basis for determining the cause of action when closing the case. For example, nominally a joint venture is actually a loan dispute. The parties in the same lawsuit have different legal relationships. If the case involves the master-slave contract relationship, the cause of action shall be determined according to the legal relationship involved in the master contract. If a dispute arises only from the subsidiary contract, the cause of action shall be determined according to the legal relationship involved in the subsidiary contract and the dispute between the parties, such as the dispute over the validity of the guarantee contract.
The prescribed cause of action is divided into four parts, 54 categories and 300 kinds, and each cause of action is numbered with Arabic numerals. In order to facilitate judicial statistics, a few cases list some special or common items (expressed by Arabic numerals and brackets) according to specific circumstances, but such cases are not limited to the items indicated. The people's court shall directly apply the cause of action or one of the causes of action in cases such as adjacent water disputes. (This regulation has been implemented since 20011. )
The first part of the contract dispute cause of action
The second part is the cause of ownership, infringement, unjust enrichment and negotiorum gestio.
The third part is the causes of marriage and family disputes.
The fourth part is the cause of action of cases applying special procedures.
The first part of the contract dispute cause of action
First, the subrogation dispute
1. Subrogation dispute
Second, the dispute of cancellation right.
2. Revocation right disputes
(1) Cancel the dispute over the debtor's waiver of due creditor's rights
(2) Withdraw the dispute over the debtor's free transfer of property.
(3) the cancellation of the dispute over the debtor's transfer of property at a low price.
Third, the advertising dispute of offering a reward.
3. Reward advertising disputes
Four. Sales contract dispute
4. Sales contract disputes
(1) Disputes over installment sales contracts
(B) Sample-based sales contract disputes
(3) hearing disputes over sales contracts
(4) Bidding and procurement disputes
(5) Auction disputes
(6) Reciprocal disputes
Verb (abbreviation of verb) real estate development and operation contract dispute
5. Land use right transfer contract disputes
6. Land use right transfer contract disputes
7. State-owned land lease contract disputes
(1) land use right lease contract dispute
8. Temporary land use contract disputes
9. Commercial housing pre-sale contract disputes
10. Disputes over the transfer of the pre-sale contract of commercial housing
1 1. Joint venture and cooperative real estate development contract.
12. Project transfer contract dispute
13. House demolition contract dispute
Six, power supply, water supply, gas supply, heating contract disputes
14. power supply contract dispute
15. water supply contract dispute
16. gas supply contract dispute
17. heating contract dispute
Seven, the gift contract disputes
18. Gift contract dispute
19. Disputes over donation contracts for public welfare undertakings
Eight. Loan contract dispute
20. Loan contract disputes
(1) Inter-bank lending dispute (financial institution)
(2) loan disputes between enterprises
2 1. Private lending disputes
Nine. Loan contract dispute
22. Loan contract disputes
X. Lease contract disputes
23. Lease contract disputes
XI。 a financial leasing contract disputes
24. Financial lease contract disputes
(1) Civil aircraft financial leasing contract dispute
Twelve. dispute over a contract
25. Handling contract disputes
(1) Foreign processing and assembly contract dispute
26. Manufacturing contract disputes
27. Maintenance contract disputes
28. Repeated contract disputes
(1) printing contract dispute
29. Test contract disputes
30. Inspection of contract disputes
XIII. Disputes over construction contracts
3 1. Construction engineering survey contract dispute
32. Construction project design contract disputes
33. Disputes over construction contracts of construction projects
34. Disputes over subcontracting of construction projects
35 construction project supervision contract disputes
Fourteen Transport contract dispute
(1) Passenger transport contract
36 road passenger transport contract disputes
37. Urban public transport contract disputes
(1) taxi transport contract dispute
38 railway passenger transport contract disputes
(1) International Railway Passenger Transport Contract Dispute
39 waterway passenger transport contract disputes
(1) inland river passenger transport contract dispute
(two) coastal passenger transport contract disputes.
40 air passenger transport contract disputes
(1) International air passenger transport contract dispute
(2) Disputes over freight contracts
4 1.
42. Railway cargo transport contract disputes
43. Disputes over contracts for carriage of goods by water
44. air cargo transport contract disputes
45. Disputes over pipeline transportation contracts
46. Joint transport contract disputes
(3) multimodal transport disputes
47. Multimodal transport contract disputes
Fifteen. Technical contract dispute
48. Disputes over technology entrusted development contracts
49. Technical cooperation and development contract disputes
50 technology import contract disputes
5 1. Disputes over technology export contracts
52. Technical consultation contract disputes
53. Technical service contract disputes
54. Technical training contract disputes
55. Technical intermediary contract disputes
56 technical secret transfer contract disputes
57 scientific and technological achievements transformation contract disputes
Sixteen, intellectual property contract disputes
58. Contract disputes over the transfer of patent application rights
59. Patent transfer contract disputes
(1) Dispute over the contract of invention patent transfer
(two) the utility model patent transfer contract disputes
(3) design patent transfer contract disputes
60 patent licensing contract disputes
6 1. Trademark right transfer contract dispute
62. Trademark licensing contract disputes
63 commissioned creative disputes
64. Disputes over co-creation
65. Disputes over copyright licensing contracts
(1) publishing contract dispute
(2) Disputes over the performance right licensing contract
(3) Disputes over licensing contracts for translation of works
(four) the work adaptation license contract disputes
(5) Disputes over licensing contracts for works broadcasting rights.
66 copyright transfer contract disputes
67. Software development contract disputes
68 software copyright licensing contract disputes
69. Software copyright transfer contract dispute
Seventeen. Custody contract dispute
70. Correction of custody contract
XVIII. Warehousing Contract to the Group
7 1. warehouse contract
Nineteen. Lauto contract dispute
72. Entrustment contract disputes
(1) Litigation agency contract dispute
(2) Import and export agency contract disputes
(3) patent agency correction
(4) Trademark agent powder correction
(5) Disputes over shipping agency contracts
(6) Civil aviation auction sales agency contract disputes
(7) Freight Forwarding Contract Disputes
(8) good news agency disputes
Twenty, disciplinary contract disputes
73. Disciplinary contract disputes
(1) oil substitution contract dispute
(2) Commodity trading agency contract disputes
(3) Disputes over securities trading agency contracts
(4) Disputes over insurance brokerage contracts
Twenty-one, intermediary contract disputes
74. Intermediary contract disputes
Twenty-two, guarantee contract disputes
75 guarantee contract disputes
76. Mortgage contract disputes
(1) Civil Aircraft Mortgage Contract Dispute
77 Pledge contract disputes
78. Lien dispute
79. Disputes over deposit contracts
Twenty-three, pawn disputes
80. Pawn disputes
Twenty-four, insurance contract disputes
8 1. Property insurance contract disputes
82. Disputes over life insurance contracts
83. Disputes over reinsurance contracts
84. Disputes over insurance subrogation rights
Twenty-five, maritime contract disputes
85. Disputes over contracts for carriage of goods by sea
86 voyage charter dispute
87. Disputes over contracts of carriage of passengers by sea
88. Disputes over steel leasing contracts
89 bareboat charter contract dispute
90. Disputes over towage contracts at sea
9 1. Disputes over maritime salvage contracts
92. Disputes over maritime beauty contracts
93. Disputes over marine insurance contracts
94. Disputes over port operation contracts
95. Disputes over tally contracts
96. Disputes over waterway dredging contracts
97 maritime transport (ship) joint venture contract disputes
98. Disputes over ship construction, sale and dismantling contracts.
99 seafarers' labor contract disputes
Twenty-six, savings deposit contract disputes
100. savings deposit contract dispute
Twenty-seven, credit card disputes
10 1. Credit card dispute
XXVIII. Credit disputes
102. letter of credit dispute
Twenty-nine, futures trading disputes
103. futures trading disputes
Thirty, trust disputes
104. Trust dispute
Thirty-one, securities contract disputes
105. Stock trading disputes
106. Corporate bond trading disputes
107. Dispute over transfer of capital contribution
108. Disputes over treasury bonds trading
109. Disputes over securities consignment agreement
1 10.' Securities underwriting agreement dispute'
1 1 1. Securities investment consultation disputes
1 12. Securities credit evaluation disputes
1 13. Securities repurchase contract disputes
Thirty-two, commercial contract disputes
1 14. Investment disputes
1 15. Joint venture contract disputes
1 16. Partnership agreement disputes
1 17. Enterprise contract disputes
1 18. enterprise lease contract disputes
1 19. Related commercial disputes
12. Enterprise sales disputes
12 1. Acquisition disputes of listed companies
122. company division dispute
123. Company merger dispute
124. Debt-to-equity swap dispute
125. Disputes over lottery tickets and lotteries
126. Compensation for trade disputes
127. Sino-foreign joint venture contract disputes
128. Sino-foreign cooperative feeding disputes
Thirty-three, Sino foreign cooperative exploration and development of natural resources contract disputes
129. Sino-foreign cooperative exploration and development of natural resources contract disputes
Thirty-four, agricultural contract disputes
130. agricultural contract disputes
Thirty-five, telecom contract disputes
13 1. Telecommunication contract disputes
Thirty-six, postal contract disputes
132. Postal contract disputes
Thirty-seven, performance contract disputes
133. performance contract disputes
Thirty-eight, service contract disputes
134. service contract dispute
(1) medical service contract dispute
(2) Bank settlement and other contract disputes
(3) Bank safe deposit box service contract dispute
(4) Legal service contract disputes
(5) Tourism contract disputes
(6) real estate consulting disputes
(7) real estate price appraisal disputes
(8) Real estate brokerage disputes
(9) Hotel service contract disputes
(10) Association service contract dispute.
(1 1) Property management disputes
(12) catering service contract dispute
(13) entertainment service contract dispute
(14) Cable TV viewing dispute
Thirty-nine, labor disputes
135. labor contract disputes
136. collective labor contract disputes
137. Disputes over factual labor relations
138. labor insurance disputes
Forty, labor (employment) contract disputes
139. labor (employment) contract dispute
The second part is the causes of ownership, infringement and unjust enrichment, and management disputes without solid foundation.
I. Disputes over ownership and rights related to ownership
140. Property ownership disputes
(1) Disputes between usufructuary rights
(2) Disputes over compensation for property damage
14 1. bill of lading dispute
142. warehouse receipt dispute
143. certificate of deposit dispute
144. homestead dispute
145. Disputes over exploration rights
146. Disputes over mining rights
147. Disputes over the right to use natural resources
148. Disputes over contractual management rights
149. Neighborhood disputes
(1) Disputes over adjacent water use and drainage
(2) Disputes over adjacent lighting and ventilation
(3) Disputes over the relationship between adjacent land use.
(4) Prevention of adjacent damage and exemption from disputes
150. The hidden property right of buried objects is a controversial issue.
15 1. Lost property ownership dispute.
152. Picking up drifting property rights is a dispute.
153. Pick up the dispute over the loss of animal ownership.
Two. Disputes over rights and interests of bills and securities
154. bill payment claim dispute
155. Dispute over bill recourse
156. dispute over bill delivery claim
157. Disputes over the right to claim the return of bills
158. Dispute over bill damage compensation
159. Disputes over the right to claim the return of bill benefits
160. dispute over the right to request the issuance of foreign exchange repurchase orders
16 1. Securities issuance disputes
(1) rights issue dispute
162. Securities return dispute
163. Securities fraud dispute
164. Disputes over insider trading of securities
165. disputes over manipulation of the securities trading market
166. Disputes over false securities information
167 securities investment fund dispute
168. Securities registration, custody and settlement disputes
Three. Disputes over shareholders' rights
169. dispute over the right to request stock delivery
170. Equity transfer infringement dispute
Dispute over preemptive right
17 1. Disputes over voting rights at the shareholders' meeting
172 company's right to know dispute
173. the company's income distribution right dispute
174. Disputes over the distribution of the company's surplus property
175. Disputes over infringement of shareholders' rights by company resolutions
176. dispute over the right to convene the shareholders' meeting
Four. Disputes that damage the company's rights and interests
177. Disputes over shareholders' failure to perform their obligations to the company
178. Disputes over directors, supervisors and managers harming the interests of the company
Verb (abbreviation of verb) intellectual property dispute
(1) Copyright dispute
179. disputes over personal rights of works
(l) Disputes over the right to publish works
(2) Disputes over the right of authorship of works
(3) Disputes over the right to modify works
(4) Disputes over the right to protect the integrity of works.
180. Disputes over property rights of works
Controversy over the right of reproduction
(2) Disputes over distribution rights
(3) Disputes over exhibition rights
(4) Disputes over the right to public performance
(5) social decentralization disputes
(6) disputes over the right to shoot
(7) Disputes over the right of adaptation.
(8) Disputes over translation rights
(9) Disputes over the right of assembly
18 1. Neighboring right dispute
182. computer software copyright dispute
(1) computer software copyright ownership dispute
(2) computer software copyright infringement disputes
(2) Disputes over trademark rights
183. Trademark ownership dispute
184. Trademark infringement dispute
(1) Dispute over Counterfeiting a Registered Trademark
(two) the sale of counterfeit registered trademarks of commodity disputes
(3) Disputes over the illegal manufacture and sale of illegally manufactured registered trademarks.
(3) Patent disputes
185. Disputes about the Patent Office
186. Patent infringement dispute
187. Disputes over the right of authorship of patent inventors and designers
188. Disputes over patent application rights
189. dispute over patent application priority
190. dispute over compulsory license fee for patent implementation
19 1. Disputes over royalties for temporary protection of invention patents
(4) Disputes over the right of discovery and invention.
192. Disputes over the right of discovery
193. dispute over invention right
(1) dispute over new plant varieties
Six, unfair competition disputes
194. Monopoly dispute
195. False advertising disputes
196. Disputes over infringement of trade secrets
(1) dispute over infringement of commercial technology secrets
(2) Disputes over infringement of trade secrets
197. Disputes over forgery or fraudulent use of product quality marks
198. Disputes over counterfeiting and forging well-known commodities, packaging and decoration.
199. dispute over forgery of origin
Dumping dispute
20 1. Disputes that damage (competitors') business reputation and commodity reputation.
Seven. admiralty dispute
202 major maritime liability accident disputes
203. Ship collision disputes
(1) Ship wave damage dispute
204 cabin touch (buildings, facilities) damage compensation dispute
205 ship damage (air or underwater facilities) damage compensation dispute
206. Disputes over compensation for damage caused by ship navigation.
207. Disputes over compensation for personal injury at sea
208. Port management disputes
209 disputes over compensation for aquaculture damage
2 10. Disputes over compensation for pollution damage caused by ship and port operations
2 1l ... Disputes over illegal detention of goods by ships
2 12.* * * general average dispute
2 13. Disputes over shipping channel fees
Eight, personal rights disputes
2 14. personal injury compensation dispute
(1) personal injury compensation dispute in road traffic accidents
(2) Disputes over compensation for railway passenger transport damage
(3) Disputes over compensation for damage caused by water passengers.
(4) air passenger transport damage compensation disputes
(5) Disputes over compensation for damage caused by aircraft to third parties on the ground or on the water.
(6) medical malpractice damages dispute
(7) Disputes over compensation for industrial accidents.
2 15. Disputes about personal freedom
2 16. Disputes over reputation rights
2 17. name right dispute
2 18. name right dispute
2 19. Disputes over the right of honor
220. Disputes over portrait rights
Nine, special infringement disputes
22 1. Disputes over duty infringement of state organs and their staff
222. employee compensation disputes
223. Disputes over employer's compensation for damages
224. Product liability disputes
225 highly dangerous operation damage compensation dispute
226. Disputes over compensation for environmental pollution damage
227. The ground (public * * * places) construction damage compensation dispute.
228. Disputes over compensation for collapse damage of buildings, shelves and hanging objects.
229. Disputes over compensation for damage caused by the collapse of stacked items.
230. Disputes over compensation for animal damage
23 1. Disputes over violations of military personnel stationed in the Special Administrative Region while performing their duties
232 disputes over compensation for excessive defense damage
233. Disputes over compensation for emergency hedging damages
234. Disputes that infringe on minors' right to education.
X. Unjust enrichment dispute
235. Disputes over unjust enrichment
XI。 Negotiorum gestio disputes
236. Negotiorum gestio management disputes
The third part is the causes of marriage, family and inheritance disputes.
I. Marriage and family disputes
237. Disputes over the use of dirty fishing products.
Divorce dispute
239. After divorce registration, disputes between husband and wife arise.
240. Settle disputes over illegal cohabitation.
24 1. Invalid marriage dispute
242. Cancellation of marriage disputes
243 disputes over marital property agreement
244. Disputes over marital autonomy
245. Disputes over guardianship and upbringing.
246. Child care fee dispute
Maintenance disputes.
248. custody dispute
249. Disputes over visiting rights.
250. Biological parents confirm the dispute.
25 1. maintenance dispute
(1) Dispute over changing maintenance relationship
252. Confirmation of adoption disputes
253. Settlement of adoption disputes.
254. Disputes over the relationship between stepparents and their children.
255. Disputes over property division.
Second, inheritance disputes.
256. Legal succession disputes
(1) Sub-inheritance dispute
(2) subrogation inheritance dispute.
257. Disputes over testamentary succession
258. Disputes over the confirmation of inheritance rights
259. Disputes over the settlement of debts of the decedent
Heritage disputes.
26 1. Dispute over legacy maintenance agreement
The fourth part is the cause of action of cases applying special procedures.
262. An application for the procedure of declaring a citizen incapable of civil conduct.
263. Application for declaration of citizen's limited capacity for civil conduct
264 citizens to restore the declaration of limited capacity for civil conduct.
265. Application for declaration of full civil capacity of citizens.
266. Application for appointment of guardian
267. Application for revocation of guardianship.
268. Application for declaration of disappearance
269. Application for dismissal of the case of direct disappearance.
270. Application for designation and change of the custodian of missing persons' property.
27 1. Missing person debt payment case
272. Citizens' application for declaration of death
273. Apply for cancellation of a case in which a citizen is declared dead.
274. The case in which the person who declared the death requested the return of property was revoked.
275. Application for identification of ownerless property
276. Application for revocation of cases in which the property is determined to be ownerless.
277. Application for determination of voter qualification
278. Application for payment order
Announcement of application.
280. Bankruptcy of state-owned enterprises.
28 1. (non-state-owned) corporate bankruptcy and debt repayment case
282. Apply to the court to appoint members of the liquidation group of Qin Wei.
283 pre-litigation property preservation case application
284. Application for confirmation of the validity of arbitration agreement
285. Property preservation cases in arbitration proceedings.
286. Application for cancellation of arbitral award
287. Disputes over the application for stopping payment under the letter of credit
288. Application for maritime claim preservation.
(1) Application for Arrest of Ship
(2) Cases of applying for auction to arrest ships.
(3) An application for detaining the goods on board.
(4) Application for auction and seizure of goods on board.
289. Application for maritime injunction
290. Application for maritime evidence preservation
29 1. Application for the establishment of a limitation fund for maritime claims liability.
292. Application for notice of maritime lien
293. Application for confirmation of maritime claims
294. Application for recognition of civil judgments of foreign courts.
295. Application for recognition of civil awards of foreign courts
296. Application for recognition of foreign arbitral awards
297. Apply for recognition of the civil judgment of the Taiwan Province Provincial District Court.
298. Application for recognition of the civil award of the Taiwan Province Provincial District Court.
299. Application for approval of civil mediation cases in Taiwan Province Provincial District Court.
300. Application for recognition of arbitral awards in Taiwan Province Province.