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The Application Of Autonomy Of Will In A Civil Dispute Mechanism

Posted on:2009-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:B K GaoFull Text:PDF
GTID:2166360245981645Subject:Law
Abstract/Summary:PDF Full Text Request
Human made the design of the legal procedures for the purpose of social justice, but the design process also increased the parties' tired. In a traffic accident as an example, if the parties choose autonomy of will greatly save the cost of resolving disputes. The complexity of modern society disputes, also contributed to the diversity of the settlement. In a variety of dispute resolution mechanisms, non-party appeal mechanism more shows party autonomy to handle their own rights, resolving the dispute promptly and reducing costs.Autonomy of will originated in Roman law was first used to solve contract disputes. Today, the theory has developed into a universal civil law principle. Not only embodied in the traditional contract law, but also in other branches of law. The introduction of the principle is in line with his original meaning, and also consistent with the modern rule of law. From his view of the history of the development process, it demonstrated by the value of this principle.At present, China's civil dispute settlement has diversified characteristics, including litigation, and conciliation, mediation and arbitration. These mechanism all embody autonomy of will. From China's current legal view, not a lack of non-actionable civil disputes settlement mechanism. This is happens to coincide with the implementation of ADR in today's Western countries. We can see that the implementation of the theory to resolve civil disputes has become a trend.Parties who settle the civil disputes on the principle don't rely entirely on its own, because the parties themselves have not professional knowledge and operational experience so that they don't rely on its own strength make a perfect solution to the issue. Therefore, they have to need the assistance of a lawyer. Counsel specialization and the professional advantages that lawyers have can help the parties to solve the problem quickly, and realize the principle of autonomy of will.
Keywords/Search Tags:Autonomy of will, Civil disputes, Mechanism of settlement, Application
PDF Full Text Request
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