The Fundamental Procedural Right And The Safeguards In Civil Procedure

Some rights and safeguards has ever appeared as "fundamental" rights in history,especially in the contemporary era, they were performed and announced through theconstitutions or the international documents. These fundamental rights were so important thatthey were recognized and guaranteed by most of countries through different laws. Moderncountries'tasks are miscellaneous; thoughts of human rights are up surging. So to protect thefundamental procedural right is becoming more and more important. As a superior concept ofall the procedural protecting systems, the fundamental procedural right covers the fields ofadministration, legislation and judiciary. It has comprehensive meanings such as "the sense ofsubject","the sense of transparency", "the sense of participation", "the sense of equality","the sense of substantive justice", "the sense of effectiveness"and so on. The scientificclassification and analysis of the fundamental procedural right will help us investigate therelationship between it and related rights such as the litigious right. It is also the premise forus to study how we can protect the fundamental procedural right in civil procedure practicallyand effectively. On the base of the previous research, we take the court organizationprotection, civil simple procedure,mediate-by-court system and the procedural charges forexample, as well as the meaning of the fundamental procedural right and the proceduralrequest for it as the research angle of view, to discuss the reform and improvement of systems,so that we can protect the fundamental procedural rights in the civil procedural law moreeffectively. Meanwhile, we try to construct an open research frame to research the mattermore deeply and comprehensively.