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On the Parties’ Civil Procedural Option Right

Author: YanZhiWei
Tutor: HeWenYan
School: Xiangtan University
Course: Procedural Law
Keywords: Program options Option of civil procedure Legal basis. Conception of Improvement
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 61
Quote: 0
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Abstract


The civil procedure option problem was first put forward by the Taiwan region of China scholars Mr. Qiu Liangong initially not been universal concern . With the deepening of Our Civil theoretical research continues to expand and Civil Trial Reform , the parties the Civil Procedure choose the right gradually become a hot topic in legal theory and judicial practice . Currently , our right to choose the system of civil procedure is still at a preliminary stage , showing not on the legislative provisions , immature state , in judicial practice has not been well implemented . Therefore , the need to strengthen the study of the problem in order to improve China 's Civil Procedure option system . The option of civil procedure starting from the point of view of the parties , by their own will allow the parties to choose between different dispute settlement procedures and related procedural matters . In essence, it is the introduction of the Civil Procedure Law of the principle of autonomy in the civil law field , by the parties to a trade-off between the entity interests with program benefits and make the final choice . Justice and efficiency is the eternal theme of modern justice , the option of civil procedure happens to be two different values ??of communication \Option in accordance with the procedures , after the occurrence of a civil dispute , the parties according to their actual needs , within a certain range of procedures and procedural matters applicable to choose in order to maximize their own interests . Thus, not only can save litigation costs , improve judicial efficiency , but also promote the realization of substantive justice and procedural fairness . Visible, starting from the entire civil dispute resolution procedures of the global program option to study the problem , build a diversified civil dispute settlement mechanism to enhance the program principal position of the parties , to promote procedural fairness , and so has a very important significance to improve program effectiveness . Articles from the meaning of civil procedure to select the right paper discusses Civil Procedure constitute , meaning its legal basis of the right to choose a range of theoretical issues , the extraterritorial effects of the relevant legislation . The article also introduces specific legislative and judicial status quo option of civil procedure , and analysis of the problem and the reason for its existence , and make recommendations accordingly .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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