On Parties' Procedural Option In Modern Civil Lawsuit Concept

In traditional theory of civil lawsuit, the parties' subjective status in procedure has been neglected, and the procedural benefits of the parties have not been guaranteed. The judicial right of the court and the option for the parties have been unbalanced. The parties' autonomy has been unduly limited. Therefore, the parties almost passively take part in civil actions. This situation not only makes the cost of lawsuit too high, but also restricts the efficiency of the trial. Studying the present legislation of civil procedure in our country, we can find out quite a lot of deficiencies about the civil procedural option for the parties. Consequently, to endow procedural option to the parties is a positive practice, which presents procedural democracy and economy. This article firstly introduces the concept and categories of procedural option and also analyses the characters of it. Secondly, the article emphasizes the theoretical basis for the option. Finally, by discussing the imperfection of present legislation, the author puts forwards some suggestions for the consummation of civil procedural option.