Research On The Civil Litigious Right Of The Parties

The issue of litigious rights is a fundamental and systematic one in civil procedure law. Every civil procedural system is composed of rights, obligations and responsibilities of those who take part in the litigation. The theory of litigious rights is an important characteristic of the outlook and developmental status of the whole litigation system. Through theoretical analysis and systematic construction of litigious rights, we can provide jurisprudential guidance and specific recommendations for revising and perfecting civil procedure.This dissertation covers 44,000 words, and can be divided into three chapters except preface and conclusion.The first chapter begins with the essence of rights and the definition of litigious rights, and clearly analyses the substantial and procedural interests of litigants. The litigious rights, as an reflection of litigant's status in the proceedings and procedural justice, are not only an effective means to safeguard litigant's own interests in the proceedings, but also a necessary constraint on judge's power. In the process of legislating specific litigious rights, lawmakers should follow the principles of litigant's master status, equity and efficiency.The second chapter mainly gives a systematic structure of litigious rights composed of substantial and procedural dimension under the idea of cooperation between judges and litigants. The litigious rights in substantial dimension can be dealt with from the aspects of claims, fact, evidence and application of law, while he litigious rights in procedural dimension from the aspects of evading, hearing, appeal, procedural choice and questioning. All these rights together protect litigant's interests and status in civil procedure.The third chapter includes protection of litigious rights and regulation of abusing litigious rights. Protection of litigious rights is one of the tasks of civil procedural law, as well as the necessary aspect of promoting and deepening the trial reform. But when we intensify and perfect protection of litigious rights, we should not ignore the tendency of abusing rights. The abusive action not only violates the spirit of rights, but also damages other litigant's interests and legal dignity. It is an indispensable part of civil procedure law to effectively regulate and curb abuse of litigious rights without impeding the normal exercise of the rights.