An Analysis On The Option Right Of Civil Procedure

With the deepening of the reformation to the form of trial and expansion to analysis on theory of civil procedure, clients' option right of civil procedure arouses general interest of study of the basic theory of the civil procedure law. The option of the civil procedure is the clients' right of procedure and the reflection that the legislators respect the autonomous opinion of clients, it meets the demand of the procedure subjectivity principle of clients. The essence of it is that clients strike a balance between the truth finding and the lawsuit promoting so as to choose the most suitable procedure or item. In this paper, the author commenced with the conception of the option right of civil procedure, and discussed the theoretical basis of the option of civil procedure. In comparison with the option of civil procedure abroad, the author proposed that we should establish the essential principle position of the option of civil procedure thorough disposing rationally the right of judges and clients, and the judge's fight of explaining should be entrusted and lawyers should take responsibility to the just and reasonable advice, so as to perform the option right and improve the legislation in this sense.