On Principle Of Equal Litigious Right

The principle of equal litigious right isn't stipulated as a basic principle in western countries' civil procedure legislation. However, the principle of equal litigious right has become a fundamental principle of our civil procedure law, and such stipulation must be of great significance for the legislation and juridical practice of civil procedure. At present the research on the principle of equal litigious right pays much attention on related legislation and reformatory suggestions aiming at some stipulations out of accord with the principle of equal litigious right. At the same time, there's little discussion on deep connotation of the principle of equal litigious right.The author thinks that the research upon connotation of the principle of equal litigious right is the precondition for finding and solving legislative abuses of civil procedure. Firstly the author discusses the concept and deep connotation of the principle of equal litigious right, and then points out some concrete stipulations and behaviors breach of the said principle in our civil procedure and puts forward with reformative suggestions.In this paper there are five parts in all. Part One points out the concept and academic basis of principle of equal litigious right according to the current civil procedure law. Part Two analyzes comparatively relative legislation incarnating the principle of equal litigious right in continental law system countries and common law system countries. Part Three discusses the deep connotation of principle of equal litigious right, and stresses that the essence of this principle is the equal legal status between parties in civil procedure. That's to say, this principle makes request for equal litigious right between parties and calls for balanceable litigious obligations. Part Four points out some relevant provisions breach of principle of equal litigious right in our civil procedure legislation. Part Five analyzes and compares relevant legislation and theory of other countries' civil procedure based upon the legislative limitation of our civil procedure law, and then gives proposal for reconstruction of principle of equal litigious right. In the end, this paper illustrates by facts some phenomena breach of principle of equal litigious right in juridical practice, and then gives reformatory suggestions of the author himself based on the analysis of the reason for legislative limitation.