A Study On The Justice In The Procedure Of Civil Lawsuit

According to the general principle of modern civil proceeding, holding a session is the core of civil cases, and the proper court procedures can guarantee the fairness and quality of a civil law case. I, as a judge of civil action, do obviously feel the weakness in the reform and practice of civil action. As the judges cannot well understand the relationship between the procedural fairness and the entity fairness, as well as that between judges and parties, rights and authorities, judges are still lack of necessary awareness of procedures in judging, which leads to the ignorance of the parties' procedural rights and benefits. As a result, the fairness and the function of the court are lost, making the effect of the law court unsatisfactory. This article will give some advice on how to protect the rights of the parties and how to establish the proceeding awareness of the judges depending on the experience and theory of establishing two great litigating systems. Basing on the experience and practical need, I will just give some advice on how to protect the civil rights according to the Chinese situations and proper legal procedures.This text is divided into five chapters as a whole. The first chapter analyzes the relationship between the procedural fairness and the entity fairness, as well as the judicatory fairness and nomocracy construction, pointing out the procedural fairness superior to the entity fair, and the judicatory fairness is the best combination of the procedural fairness and entity fairness, and that nomocracy construction is just the law procedures. The second chapter says from legal benefits guarantee, illustrating that procedural benefits are similar to entity benefits, and the independency of the procedural benefits come to the value of the proceeding. Whether the proceeding isfair or not depends on whether the party's procedural rights, benefits are respected and whether the sense of judges is confined. Whether the procedure is fair or not depends on the standard whether the procedural rights have been respected and how the general citizens evaluate it. The third chapter compared the characteristics of two greatest litigating systems as well as the advantages or disadvantages, consequently making the standard of whether procedure is fair or not changes into the arguable principle in a specific way or setting up the basic construction of the our country's civil case in court. The fourth chapter focuses on the differences in the characteristics, origination and causes between traditional mode and western mode. The fifth chapter summarizes the achievements and disadvantages of the reform of Chinese judgement, that is. the lack of macrocosm, grandness and value, which point out the arguablenrinrinle in a snprifir wav nr spttino un thp hasir rnnsTmrtion nf the nnr rmmtrv'scivil case in court.In all, the conception of the judgement and litigation is very important during the formation and consolidation of the proceeding system, meanwhile, the very proceeding system also works on the conception of the judgement and litigation in return. The establishment of the party-center position, the protection of their procedural rights and benefits, the formation of the judge's sense of proceeding, foundation of the procedural value, as well as the construction of the structure of the opposability—legal civil lawsuit are sure to benefit the transformation and consolidation of the procedural fair sense during legal civil lawsuit.