On The Relief Mechanism Of The Parties' Civil Procedure Rights

Along with the procedural law having been separated from the substantive law, the independent values of civil proceedings also has increasingly established. The civil procedure law is no longer just the means or tools of the realization of civil substantive law, it has its independent existence value. Under the guidance of the idea of the civil proceedings'independent value, the Parties'procedural rights have been getting great concern, regarded as the foundation of civil procedural theory. The theory of civil procedure rights as an important supplement of it, it also takes an important part in civil proceedings theory. But legislation for the civil procedural rights of the parties is still at a relatively weak on the stage. It has some shortcomings, In light of the problems, the paper provides some advice.Except for the introduction and conclusion, this paper is mainly divided into three parts:Firstly, the paper takes some analysis for the theory of relief mechanism , pointing out that the relief mechanism is to protect the parties'civil procedure right, which is including the review system ,appeal system ,and retrial system . The value of the independent civil Procedure is the guiding theory to it. The illegal behavior also needs to build a relief system. At the same time, the relief mechanism does good to the establishment of procedure, supervising the power realizing the justice .Secondly, the legislation for relief mechanisms still has many problems, such as the scope of the relief mechanism application is limited; the Relation between the relief systems is unclear; Procedures for specific relief system is not well developed, and so on.Thirdly, against the specific existing problems in legislation, under the principle of equality for relief, timely relief principle, the principle of full relief and principle of economic relief, I propose the following sound recommendations: First of all we need to expand the scope of relief for the litigation rights of the parties; Secondly, the scientific definition of the relation between the relief system and object system; The final also the most important one is to improve proceedings of the relief mechanism which should fully protect the parties with right to participate in the proceedings, the right for debate or to know and the right to watch the trial, proceedings should be open, transparent, and given the strict time restrictions.