On The Purpose Of Civil Litigation

As one part of the basic theory of Civil Litigation, the Civil Litigation Teleology is one academic area which is very important and easy to be ignored. The purpose of Civil Litigation is the beginning of Civil Litigation theory system, the basis of Civil Litigation legislation, the ultimate aim leading the justice practice, so it is worth concerning in the whole Civil Litigation theory and practice. But in recent years, scholars's reaserch on it is fade, it is an absence of theory and it will influence the development of Civil Litigation legislation and practice. At the meanwhile of justice reformation, revision on Civil Litigation is inevitable. In this occasion, it is very important to establish a new purpose of Civil Litigation, and a proper purpose standpoint is good for the system arrangement of the whole law, the plan of concrete systems, the appliance of the law. On the basis of ascertaining the foundational meaning of the Civil Litigation purpose, this article has surveyed many standpoints about the purpose of Civil Litigation firstly, analyzed the era background of them, especially the law thought, and then, it has drawn a conclusion that is special social environment brings special Civil Litigation purpose. After that, it has suggested one measure of research that is setting up the new standpoint of Civil Litigation purpose according to special era background. The article has suggested one new standpoint of Civil Litigation purpose that is "Civil Right protection and Procedure safeguard" after comparing Civil Litigation with Criminal Procedure and Administrative Procedure, comparing Civil Litigation with popular intercession and mediation on the two platforms: proceeding and dispute settlement. The research on theory should not stay on theory, it must show it's value in leading the practice, otherwise, it will be empty discussion wasting time and energy. Therefore, at last, the author has selected two concrete procedure systems which are very hot currently and designed them again guided by the new standpoint of Civil Litigation purpose, let it lead the practice and meanwhile tested by the practice.