Lawsuit Role Definition And Choice Of The System To The Litigant

Since the human society has the lawsuit, the litigant must act the important part in it, as the western law proverb said "does not have the plaintiff then not to have judge". But during the quite long society evolutionary process, the litigant is actually exists as the lawsuit object. The human's establishment of independent has a developing process. It experienced this kind of historical process, from the ideas to the really exists, from the minority artificial main body to the most artificial main bodies, from independent not as fully as independent full, from the suitable domain limitedly to the broad .The human simultaneously is a social person, must be supervised by social, political, the economical, the cultural rules and regulations inevitably. The differences, between cultural contexts, current economic conditions, psychological factors, specialized qualities, have obviously had the vital role to the lawsuit system making.The modern West civilization fused many kinds of ancient time civilization essence. The conflicts mutually in the ruler and the ruled promoted the individual rights, enhanced the status, fully developed the individual activity obtains, even promoted the social progress. The western society since broke through the middle ages god to teach after the human thought control, the social economy developed rapidly without any impediment. The modern legal regime was established in the developed capitalist economy foundation. But the Eastern civilization is still continuing peacefully on the other part of the Earth, after leading by many years, finally in 16th to 17th century, Chinese social development stagnated. In the knock-on collisions of two different civilizations, the Chinese discovered their own original lives, lived in a society without human rights, were so poor. From the 1911 Revolution, the May 4th Movement of 1919, till the establishment of our republic, all the Chinese suffered with great pains. After we founded a nation, the political system is controlling the legal regime, but we still couldn't establish the legal regime which considers the lawsuit is the artificial main body, because our socialism ideas opposed all the things from capitalism. Finally the importance of lawsuit litigant was highly valued in the later reform and open policy. Since the new civil procedure law promulgation, in the legal stratification plane stipulated the litigant lawsuit main body status establishment, judge the neutral status strengthens gradually. But in judicial practice, under the restriction of imperfect lawsuit system ,such as litigant's lawsuit conclusion does not have the binding force to judge, and the influence of the litigant to synthesize the quality, judge operates the lawsuit process actually, the trial result has not been able to reflect the litigant's wish and the lawsuit behavior fully. In addition, the actual operation in civil action system has the new problem that it should be aristocrat or civilian, cockamamie or convenient. If our civil system has mixed in the Social Darwinism, that will be fatal.Trying to establish the civil action system under our country socialist market economy condition is an urgent and challenging thing. The judicature produces from the citizen, exists for the citizen, the lawsuit system reforms for the citizen. This article will show my opinion in how to establish the civil action system for Chinese national condition from litigant's position.