| The historical development of declaratory judgment shows that it is complementary to the coercive relief and could remove the uncertainty in advance, thus preventing unnecessary litigation in the future. As a preventive and supplemental instrument, which could be employed by both parties, the scope of declaratory judgment should be properly limited. Chinese scholars in civil procedure law share the notion that the subject matter of declaratory relief should be confined to the controversial civil legal relationship. However, Chinese courts have seemed to open the door to wider use of declaratory judgment in both judicial interpretation and legal practice. Such expansion of declaratory judgment has led to the following problems. Firstly, it would render the function of subject matter of litigation inapplicable. Secondly, it would blur the boundary between declaratory relief and other types of action. Thirdly, it would have a negative impact on the system of administrative registration and undermine the stability of market order. To keep declaratory judgment within bounds, countries in Civil Law system develop a concept of "specific interest to declaratory judgment" and make it a rule in the code of civil procedure law. It serves as a special litigation requirement to achieve the declaratory judgment. However, it is unpractical for China to replicate such concept without the support of a clear rule, a mature legal theory and a specialized judicial procedure. It is more appropriate to restrict the availability of declaratory judgment by restricting the subject matter of litigation. In principle, the declaratory relief could only be sought if the form of action has been expressly established in the current law, and judges should remain cautious to develop any exceptions. |
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