On The Privilege To Select Civil Procedure

The privilege to select civil procedure refers to the rights that the parties decide how to accept or reject the procedural interests in the certain scope basing on the procedural disposal rights. The civil procedural reform, which begins from 1980s, has been carried out for almost twenty years. Though some of good results have been achieved, the space of the parties'self-governing got narrowed excessively. For this reason, the article discusses the basic problems of the privilege to select civil procedure firstly, and summarizes some inspiring conclusions from the legislation of the foreign countries. The paper also analyzes our legislation and judicial practices and proposes some assumptions to perfect this system.The body of this article consists of five parts.Part one introduces several fundamental questions of the privilege to select procedure, such as the definition, content and nature.Part two outlines the legislation of the privilege to select procedure in other countries and gets to a conclusion that some ideas should be remembered.Part three deals with the due analysis of the privilege to select procedure, which analyzes the important meaning theoretically and value of times from law-philosophy law-economics, jurisprudence and setting of times.Part four figures out the"legislation deficits"and the cause that leads to the deficits, after describing the current legislation regarding to the privilege to select civil procedure in China. The author also emphasizes on the urgency of providing the parties the privilege.Part five is the framework of an ideal system of the privilege to select civil procedure. Before the ideal system is achieved, something should be done, such as rebuilding the idea of values, perfecting its own system and reforming the relative aspects.