On The Construction Of Personal Procedure In Our Country

Personal procedure is a proceeding for personal cases, it is distinguished from common civil procedures, so many countries or districts regard it as special procedure. It isn't exist in our Civil Suit Law now, the absence is not only detrimental to trying cases and to protecting parties' rights and benefits, but also can't cater for the democratic and scientific trend. With the justice reform and the development of jurisprudence, personal procedure has become one of necessary part, and the construction of it in our country has become the necessary requirement. In the environment of the improving protection of human rights, the author affirm that the concern of the construction of personal procedure in our country will do good for the civil suit system's abundance and development, even it can not fill up the blank ,at least it can bring some advantages.In the configuration, at first, this thesis analyses the theory study, legislative and justice status of personal procedure among main countries or districts, point out the status that there is no personal procedure in our Civil Suit Law now, even not too many scholars ever maintained it in the abstract, then point out the emphasis, the difficulty and the main innovations about this thesis. The second part has made efforts to indicate the concept and characteristic of personal procedure, then analyses the fundamental. The merit bases are liberty, order and freedom, and the civil legal bases are the principle of procedural symmetry, the principle of different settlement patterns and privatautonomie. The third part comparatively researches the personalprocedure among main countries or districts, through it we can conclude that the construction of personal procedure has profound foundation of theory and practice. So it can offer legislative and practice experience for our construction. The fourth part idiographic analyses the construction of personal procedure in our country. After the analysis of the status and the reason, the thesis analyses the feasibility and necessity, then mention the idiographic plan, in order to get rid of the absence of the theory study, legislation and justice.The guiding principles of the thesis are dialectical materialism and historical materialism, the thesis combines standardization method and practice method, uses conclusion method and deduction method, comparison method and historical analytic method, and so on.