The Parties' Right To Choice Of Civil Procedure

Major: Procedure LawField: Civil Procedure LawAuthor: Zheng XinjuanSupervisor: Associate Prof. Hong DongyingIn recent years, with the in-depth of the reform on the civil adjudication method and the advance of the theoretical research on civil litigation, the subject rule of the parties has already been acknowledged both practically and theoretically. But as an important reflection of the rule in civil procedure, the parties' right to choice hasn't been paid enough attention. The parties' fight to choice of civil procedure is the right that the parties entitled by civil procedure law according to relative legal theory, under which the parties enable to choose proper procedure matters and manners by their own during the whole civil litigation. Strengthening the parties' fight to choice of civil procedure, will help to gain efficiency and justness of judicature, promote reliability and acceptance ofjudicatory, as well as achieve judicial authority. Therefore, it's meaningful to review the actuality of the parties' fight to choice of civil procedure in our country, and give out some useful advice on it's perfection.This article consists of four parts carrying out the study on the parties' right to choice of civil procedure in our country:Part one: General introduction to the fight. The author briefly introduces the concept, character and denotation of the right to choice of civil procedure.Part two: The jurisprudence analysis of the fight. This article holds that the parties' fight to the choice of civil procedure bases on the rule of the subject of the parties, the theory of contract in civil procedure, and the rule of procedure assuring. The fight also benefits to balance the value between justness and efficiency in procedure. Part three: Review on the actuality of the right. In this part, the author reviews both legislation and practice, points out the existing weakness, and emphasizes the necessity to perfect the system of the right.Part four: On the perfection of the right. This part is the core of this article. In reference to other countries' legislation, it puts forward the basic system we should build up to perfect the right to choice of civil procedure from the angle of legislation and discusses the ways to realize and guarantee the right to choice of civil procedure in practice.