Ideas To Perfect Protection To Right Of Civil Action In View Of Due Process

It is believed currently that legal process is a kind of process with valuetendency, that is, due process. Scholars hold varied opinions on what process is dueprocess. The author firmly insists the following five aspects of the standard ofminimum limitations to judge a due process: judges' neutrality, equality of personconcerned, participation, publicity and effectiveness of process. In the light ofchoosing of process value in modern sense, the author believed that guarantee ofhuman rights and judicial fairness of due process are subject to the basiccharacteristics and justice value of minimum limitations. If the standards of right ofcivil action are reconstructed, it is possible to realize the principle of subjectivity ofproceedings and the legitimate right of clients. Commencing with the conception ofdue process, on the basis of analyzing the minimum limitations, the author comparedthe relative institutions in continental law systems and Anglo-American lawcountries, and pointed out the defects in China's legislation and judicial practice ofright of civil action, regarding the analysis above mentioned, the author appealsreconstruction of the protection of the right of civil action and due support to clients'right in accordance with the development of socialism market economy.