Research On Disciplinary Power Of Parties Of Civil Action

Along with the advancement of socialist market economy, various disputes appear. It is the crucial task for the civil action researchers to solve these disputes fairly and efficiently. The author chooses the disciplinary power of parties of civil action as a breakthrough, and provides institutional evidence for the carryout of the disciplinary power of parties of civil action. The disciplinary power of parties of civil action plays an important role and is an indispensable right. With the transfer from power -dominated notion to right-dominated notion, more and more researchers study the practice of civil action in agent's perspective. However, the disciplinary power wasn't confirmed in China's constitution. For this reason, the confirmation and guarantee of the disciplinary power of parties of civil action is the supreme goal of the designation and operation of china's civil action institution. This thesis starts from the concept of disciplinary power, analyzes its theoretical basis with constitutionalism, procedure justice and procedure entity principle .In contrast with the relative legislation of disciplinary power of foreign countries. The author proposed his own proposal in setting new notion and concrete legislation, in order to promote the theoretical development of civil action and push the reform of civil trial method.