On Protection Of The Vulnerable Groups In Civil Proceedings

Vulnerable groups are parties who are in an inferior position in lawsuits as a result of worse capacity for litigant conduct leading to use the rights and fulfil the obligations unsuitably.Because the worse capacity makes vulnerable groups restricted by proceedings and unfit for litigation, going with the rises of risks of losing a lawsuit,the lawful rights of vulnerable groups can not be protected strongly. The realization of vulnerable groups'rights conflicts with the implementation of civil action law as far as three aspects are concerned.They are conflicts between poverty of vulnerable groups and great expense of litigation, shortage of knowledge about law and the specialism of litigation, weak hearts of vulnerable groups and high risks of litigation.The three conflicts torture the rationality of civil action law and become obstacles to access to justice for vulnerable groups. The civil action law should be humanist and pay serious attention to vulnerable groups in order to embody the humanism. We can not leave reasonable disparities aside in pursuit of justice . Vulnerable groups participate in prodeedings effectively to protect themselves only by improving their capacity to equal to the other party's,what is also indispensable to realize the purpose of civil action and insure the justifiability of processes and effectiveness of results from settlement of lawsuits. Therefore,it is necessary to give some special privileges to vulnerable groups in civil proceedings.We shoule pay more attention to them and improve their capacity for litigant conduct.On the basis of command of proceedings,vunerable groups pursue and realize their rights allodially.The author expects to strengthen protection to vulnerable groups and construct fair,reasonable , humanist civil proceedings from four aspects including consciousness ,legislation,judicature and matched system in order to build up the masses'trust to judgements and insure the proceedings implemented normally.