Discussion Of The Litigant's The Option Of Not Hearing Public

Hearing public is litigant's procedure right and obligation of court, it is progress of the judicial democracy that hearing public was established as the basic principle of the procedure law. But nowadays, it more and more pay attention to protect private information, as common civil cases only relate to personal interest, hearing public may harm litigant, and the harm may enlarge as the medium entangled in, so the litigant may not want to hearing public in some cases. Through the discussion, it is wish to warrant the option to the litigant in the common civil cases, the case is not heard public if the litigant made the compromise. It is can open out the basic attribute that the hearing public is the litigant's procedure right by warrant the option to the litigant in common civil case, avoiding the negative impact by the hearing public.In the writing course, author read many thesis about the hearing public, hearing public is agreed as the basic principle of procedure law by those author, and hearing public must be restrict . but they seldom ponder how to arrange the hearing public correspond to the characteristic of the civil procedure, and seldom do survey about the public's attitude with the hearing public. It is based upon that the requirement of hearing public in the common civil procedure is not more than criminal procedure (public prosecution) , administrative procedure and the public's attitude with the hearing public by the survey, author educed the viewpoint.The thesis is divided into four chapters. Chapter 1 is about the theory foundation to warrant the option to the litigant in common civil cases. First, it is analyzing the theory foundation of civil procedure, argued the viewpoint by analyzed the principle of discretion, Prozeβvertrag, the principle of procedure self-rule, aim of civil-procedure ; second , it is analyzing the theory foundation of civil law—the principle of self rule of civil law , argued the viewpoint by analyzed that the principle of self rule of civil law must be reflected in the civil procedure; again, it is analyzing the contrast of the requirement of hearing public in the common civil procedure between the criminal procedure (public prosecution), it is determined that the requirement of hearing public in the common civil procedure is not more than criminal procedure (public prosecution) by the contrast of the aim of procedure , burden of lex , power of confront,the security of procedure; re-again, it is analyzing the theory of restorative justice program , it is not hearing public procedure which for deal with the trivial criminal cases to obtain good effect, it can support the viewpoint; at last, it is analyzing the principle of not hearing public in the arbitration , civil procedure resemble to arbitration very much , so it can support the viewpoint.Chapter 2 is about the requirement of the social to warrant the option to the litigant...