On Civil Pleading System

The civil pleading system is an important one in our civil procedure system, which directly related to the performance of the parties suit rights, the acceptance of the lawsuit in the forum, the operating of the procedure and the occurrence of the court hearing the case. In modern litigation, it is a requisite demand to give perfect protection to the rights & interests unlawfully injured. However, the above thing mentioned here has not been done properly because of the unreasonableness of the existing civil pleading system and lacking of the adequate concentration in practice and legislation as well as the law school. This thesis includes four chapters mainly discussing above-mentioned issues.Here, we first-mainly discuss the theoretical bases of the civil pleading system the Author suggests that this foundation is the pluralism of the ends of procedure, which based upon the pluralism of the value of the procedure. It is necessary for the courts to guard the opportunities for the potations of the parties' rights and interest by means of giving proper procedure rights protected in the pleading system, so that it can fulfill the constitutional demands for procedural rights of the parties meanwhile satisfy the procedural and substantial rights and the court also review the litigiousness of the dispute according to the balancing the suit coast which can maintain the order of the society which is also the interests of the nation. The foundation also established on the theory of function of the procedures, including both the passive and active function white facing the resolution of the dispute. Additionally, this foundation also covers the theory of suit interest as for the anew of the suit interests white not only have the effects of the regulation of the unlimited judicial power but also the suit rights of the parties, so it can help to reach the goal of balancingthe judicial power and the suit rights. Chapter 2 analyses the construction and problem of the present and also pays attention to the two legal systems in the modern world in chapter 4. In the guide of the above mentioned theories as well as the matters in the Chinese judicial practice the author gives some advices on how to improve the Chinese pleading system in the following aspects the mechanics of the beginning of the procedure and the division of the authority between the accepted and the trial forum as well as the regulation about the review of the suit interests. All of these are expected to be an impetus to the improvement of the Chinese judicial reform.