On the Binding Effect of Plaintiff's Claims for Court
Claims show plaintiff's core interests,and also determine the content and domain of a court's jurisdiction. However,plaintiff's claims can be binding only if it is concrete enough. In judicial practice,concrete claims will achieve absolute binding effect in terms of repeated prosecution and object of action. Nevertheless,it is not uncommon that the judge can sometime"ignore"the principle of "No Trial without Complaint". As a result,the verdict is not in consist with plaintiff's claims. Because administrative proceedings have the responsibility to supervise the governmental organizations carry out administrative management lawfully. What's more,due to the necessity of protecting public interests and changing of the facts,a judge has to hear the case beyond plaintiff's concrete claims. That's to say, disposition principle can only be applied with restrictions. In this sense,concrete claims only possess relative binding effect to court except some special circumstances.