Parties' Civil Procedural Option

Civil procedural option is one of important rights in civil lawsuit. In thisthesis the author begins with basic theory, and then sets forth academicfoundation and practical necessity. Thereafter, the author makes the analysisabout the deficiency in current laws and the cause of it. At last, a proposal ismade to consummate civil procedural option in China.Chapter one is about the summarization of the right of election in civilproceedings (here after refer the right). The main matter in this Chapter isbasic theory about the right of election in civil proceedings. Civil proceduraloption is the right in narrow sense. Therefore, basic theory about the right isthe foundation. Firstly, the author gives the definition of the right of election incivil proceedings. And then, the author points out that the right is different fromjus dispodendi, although they have some relations. Thereafter, the compositionof the right is expatiated. Finally, the significance of the right is emphasized.Chapter two is about academic foundation and practical necessity of civilprocedural option. There are three academic foundations;they are individuals'freedom in philosophy, parties playing principal roles in procedural law andautonomy of private rights in substantive law. In addition, there is practicalnecessity. It is significant of civil procedural option for developingmarket-oriented economy, resolving judicial problems nowadays andaccording with the international trends of human rights protection.Chapter three is about legislation status quo in our country of civilprocedural option and its limitation. In this chapter, the rules about civilprocedural option in current law are presented in seven aspects. From theserules, it is clear that the passion of lucubrating in this topic is lacking extremely,so as to behindhand legislation. Besides, there is a tendency to break awaythe situation of our country in judicial reform. As far as the author is concerned,tradition plays an important role in this situation.Chapter four is about how to improve civil procedural option in our country.Aiming at this point, the author offers some proposals. First, we shouldemphasize parties' principal roles in civil procedure in abstracto. Second,providing parties with various procedures is the premise. Third, improvingexisting procedure is the foundation. Forth, it is inevitable and indispensable tolimited private rights. Last but not the least, relevant systems' reforming is alsocrucial for improving civil procedural option.