On Analyzing The Fundamental Principles Of The Civil Procedure Law

The most important property of law is its sociality, and every development of law originates from demands of society. Therefore, the great changes of the economic system, the political system and the values during the social transformation must make a notable impact on the distribution of judicial power representing state power and litigious right representing litigant's right in civil litigation, which has been becoming the foundation and premise for remodeling the fundamental principles of the Civil Procedure Law. With the establishment of socialist market economy and the goal of building up a socialist state rule of law, the Civil Procedure Law has to renew the position of master for litigant who has always been treated as object by reforming the fundamental principles, and reflect the constitutional spirit of socialist principle of rule of law through restricting judicial power by litigious right. Fundamental principle, the soul of a legal system, directly decides the main property, content and the values of a regime of law. As the guiding ideology and footing of the whole juristic act, fundamental principle is an important guarantee that makes specific institutions and norms of a legal system continued, stable and coordinative, and also the basic point for subsequent legislation. It plays the role of a bridge between the values and institutions, concentrated ideas and operable rules. The aim of chapter 2 is to seek jurisprudential foundation of fundamental principle of civil procedure law, and sort out the present fundamental principles of the Civil Procedure Law, after demonstrating function and effect of fundamental principle and analyzing the varieties of theoretic about the purpose of civil litigation.After researching the social background impacted on and seeking jurisprudential foundation of fundamental principles of civil procedure law, chapter 3 remodels the fundamental principles of the Civil Procedure Law through abolishing the principle of conciliation that has almost been degenerating into a kind of means for judge to force the parties to arrange a settlement, reforming the principle of advocacy to restrict judge's adjudication in the scope of the evidences and facts in oral debate claimed by the parties, enriching the principle of disposition to limit judge's excessive functions and powers, perfecting the principle of equity of right in litigation to ensure for bipartite litigants equally litigious right and reciprocal means of offense and defense, and establishing good faith doctrine to avoid both parties and other litigant participants to misuse their litigious rights and judge to abuse his judicial power.