On The Parties' Civil Procedural Option Right

The question of civil procedural option right was first proposed by the scholar named Mr. Qiu Liangong, who is from China's Taiwan region. Initially, it did not receive people's universal attention. With the expansion of theoretical researching in civil lawsuit and deepening of reformation in civil adjudication method, the party's civil procedural option right has gradually become a hot topic in the theoretically and practically. So far, our country was still at the elementary step to the civil procedural option right system's researching, as a consequence, it presents not systematically, not the mature condition in the legislative stipulation, and has not obtained good realization in the judicial practice. Therefore, it is necessary to strengthen the study of the issue in order to perfect our country's civil procedural option right system.From the perspective of the party, the civil procedural option right allows the party carries on the choice according to their own will between different procedures and the relevant procedure items.In essence, it introduces meaning autonomous principle in the areas of civil law into the civil procedure law domain; the party weighs the entity benefit and the procedure benefit and makes the choice. Fairness and efficiency is the eternal subject of justice, and the civil procedural option right is the bridge between this two subjects pursued different values.When the civil disputes occurred, based on the procedural option right, the party is able to make choice from a range of available procedure items in order to maximize their own interests. In this way, we not only can save the litigation costs, improve the judicial efficiency, but also can promote the fair realization of substantive justice procedural.From the overall situation of resolving procedure of civil dispute, developing study on the civil procedural option right is very significant to construct Chinese multi-dimensional resolving mechanism of civil dispute, promote the party's procedure subject status, advance procedure justice and enhance the procedure benefit.Getting started from the concept of the civil procedural option right, the paper try to state several fundamental theoretical problems such as the constitution, significance and legal theory basis of the civil procedural option right, relevant overseas regulations at the same time. The paper also introduces Chinese legislation and justification of the civil procedural option right, finds out domestic legislation defects and their source, and then put forwards some detailed reform idea to perfect this institution.