Under The So-called Judicial Activism Research The Executive Ability Of Law Suit

Under the background of the civil procedure adjudication method which is exchanged recently , we are now having deeply pondered upon the goal and the structure of proceedings. In particular, we must studied the action of parties in the civil suits and the civil action structure deeply and systematically. Whether the adversary system,the inquisitional system or the cooperative system ,?a question which is the position of the parties in the civil procedure is the most important over all others. The Rights of the parties in the civil proceedings and their protections rely on their law suit capacity ,especially the executive ability of law suit.Recently, some legal experts and judges are concerned about the so-called judicial activism. There are many concepts about the so-called judicial activism, however , serving the people and the society is the main content。In the present posture of lack executive ability of law suit, how to distribute the right between the parties and the judges which is the direction and emphasis of the reformation of judicature. It plays an important part in litigation in courts and the practice that whether the executive ability of law suit is implemented or not. In order to remedy defects of the executive ability of law suit, legal experts and judges struggle in many ways. The judges will notify and interpret the connotation of law by the judge's interpretation right. The lawyers play an important part in the civil proceedings as the litigant participant, who could help the parties improve their knowledge of law and the debating technique. We maybe borrow experience from Germany and Japan, according to our country actual situations taking some effective methods to due procedural right of litigants.From the so-called judicial activism approach, in this thesis I will first introduce the executive ability of law suit in the civil law system and interpret the significance of the executive ability of law suit. In the second part, I will discuss the shortage of the executive ability of law suit in our civil proceedings. At the last according to the so-called judicial activism , I will show the demand of the executive ability of law suit and analyse the civil procedure mode .