The Assessment And Treatment Of The Parties' Litigation Acts

Theoretically speaking, acts in civil litigation make the relation of litigation occur, change and exterminate. These are the basic elements of civil procedure. Although the theory of acts in civil litigation is regard as the basis of the science of civil procedural law, it has not attracted sufficient attention to the theoretical circle for a long time. The author attempts to study it on the base of predecessors'research results and the existing information. We will seek their behavior laws about assessment and treatment, and accomplish something on the theory of acts in civil litigation. On trial practice, there are many acts of the civil parties, some of which block up the smooth progress of the proceedings, and some of which are harmful for the seriousness and stability of civil procedure. The judges'practices in dealing with these acts lack of legal basis, legal support, and uniform measure. On the study, the author is to propose the legislative suggestion, and unify law enforcement standards, promoting timely and accurate assessment of the parties'acts. Then, the civil procedure will be more stable, and the result of civil will become more judicial.The first part is the evaluation and methods in the assessment of the parties'litigation acts. The assessment of that litigation acts should be followed promptly and accurately, with procedures stability, and preventing the unfair outcome of the legal proceedings. When they conflict, we have to decide which is the most appropriate. The first step of the acts'assessment is whether the acts establish. The second step is to examine the acts themselves effectiveness, usually involving actors'capacity, litigation capacity, authorized actions, clear and complete meaning, and without any conditions. We divided litigation acts into two categories. One of them with the aforementioned conditions will have a direct effect on the procedural law. To the other acts, there will be further assessment whether or not legal, and whether or not reasonable. The faulty litigation acts, will be appropriately treated according to the severity of the faults, the recoverability of faulty acts and when the faults to be found.The second part is concerning the assessment and treatment on litigation acts of faulty actors. Such as the acts when actors capacity terminated, one doesn't possess litigation capacity, and one isn't authorized actions or beyond authorized to do, should in principle be invalid, except having been repaired or acknowledged.The third part is about the assessment and treatment on litigation acts of faulty will or meaning. What do we deal with the acts, if which there is the fraud, the coerced, insecurity, major misunderstanding, pretense, joke, hypocrisy, and mistake? First of all, we consider whether the faulty will or meaning influences effectiveness of litigation acts. Then we deal with these acts with different ways in different stages of civil proceedings. At the beginning, we allow the parties to rule out the faults. After leading to other acts or activities of the court, acts should be treated differently. And when the judgment is made, we require careful handling the acts.The fourth part is focus on the assessment and treatment on negative acts. Over all, if one doesn't exercise his right in time, he will lose his right,such as, no objection to jurisdiction, not to add or change in litigation request, no counter-claims, not answering, not to submit evidence, and not withdrawing of appearance. While one don't perform his duty, he is enforced compulsory results, for example, non-payment in litigation, and not attending court trial. In some time, the treatment is unjustified, we will grant relief.