Study On The Right Of Choice Of Civil Procedure

In the last few years, with the in-depth of the reform of the civil adjudication method and the expansion of the theoretical research of civil action, the party's procedure subject status and the right of choice of civil procedure have already been accepted generally. The right of choice of civil procedure has become the focus question of the basic theoretical research of civil action. The right of choice of civil procedure is the way of realizing the principle of civil procedure subjectivity. The right of choice of civil procedure is relative to the parties' benefit, freedom and property. When the civil dispute takes place, the parties should not only have right to choose the principle of dispute settlement according to the type, character and nature of the dispute, but also have the right to choose even more concrete procedures in certain procedure. The right of choice of civil procedure can help the parties make a rational determination between the truth and efficiency, it also can help the parties save the labor, time and cost which is not relative to the dispute. We should found the right of choice of the parties in our civil procedure law and better it continuously.This text proceeds from height of the overall situation of civil action, dividing four parts to study the right of choice of civil procedure of our country:Chapter one: it is the Define and Legal principle foundation of the right of choice of civil procedure. It gives a brief introduction to the concept and Legal principle foundation of the right of choice of civil procedure, and then emphatically analyses Legal principle foundation of the right of choice of civil procedure from the two respect of the constitution and the civil procedure.Chapter two: It introduces judicial meaning of the right of choice of civil procedure. It explains the importance of the right of choice of civil procedure from 5 respects: the fairness, efficiencies, freedoms, pluralism dispute and the convinced degree of lawsuits of procedure.Chapter three: Combining our country's existing civil laws and legal practices of the right of choice of civil procedure, it points out their weakness and the necessity of the reconstruction of our country's the right of choice of civil procedure in civil action.Chapter four: It is a key part. It provides the principles that perfect the right of choice of civil procedure should follow from the two respects of contentious procedure and arbitration procedure. On the whole, it provides a preliminary frame for future reform of the right of choice of civil procedure of our country.