On The Protection Of Litigant Procedure Right

In the reform of the Uial , the protection of party civil procedure right is the important content In our counUy , legislation and the practice of justice is not adequate and perfect. The deep cause is traditional idea of emphasizing human governing and lighting law. The close cause can be gone back to not understanding procedure right firmly and all-sidedly; shorting in legislation; not holding the connection of jurisdiction and procedure right in the practice of justice, so that the jurisdiction cannot be exerted well and the procedure right will be abused~ Focusing on the issue, the author thinks that we must perfect it as following. Firstly, we must understand the procedure right well. The main issue is its function, nature and the condition of exerting it then knowing the content and the method of the procedure right protection system. Secondly, we must perfect the current legislation. First of all, changing the idea of the current legislation; then defining the exertion range, manner and consequence of procedure right; enforcing the limiting force to the jurisdiction of the it, and then they can be balanced and interactive, so as to promote it freely; perfecting some basic procedure systems. Thirdly, we must enforce the protection of it in the practice of justice. Mostly, emphasizing exertion procedure right and jurisdiction well to avoid abusing them; enforcing supervising in jurisdiction; constructing the overrun duty system of abusing procedure right and regulating the unjust procedure manner of the judges.