A Study On The Right Of The Disposing Of Litigants In Civil Action

The right of disposing in civil procedure law can be traced back to the principle of autonomy of private law in civil material law. The right of disposing, which plays a decisive role in instituting civil proceedings, is a significant right enjoyed by litigants in civil action. It is a historical tradition in our country that the individual rights are easily overlooked. Even nowadays, the law in our country is often considered as "administrative type of law" due to its color of executive order. Therefore, this kind of law actually restrains individual enthusiasm and creativity in the process of implementing. In the light of such a contradiction between the need for and the restrain imposed on the right of disposing of litigants in civil action, the historical origins of the right of disposing of litigants and its theorization and execution in other countries are firstly discussed. Then on the basis of the theoretical analysis and the use of experience of other countries for reference some suggestions to improve the right of disposing of litigants are advanced to counter the limitations of the right of disposing of litigants in civil action, especially in such sectors as the understanding of "prescribed limit" in the 13th article of our civil procedure law "within the prescribed limit", commencement of action, claims for litigation, counterclaim, conciliation as well as withdrawal of an action.