On Litigants' Civil Litigation Strategy

In judicial practice, litigants' civil litigation strategy plays an important role in the protection of litigant's interest. And it makes the study of litigation strategy possess theoretical significance in promoting the perfection of laws and regulations, and possesses important practical guiding significance. Based on above, the author chooses it as the research direction of this paper. Guided by the Chinese classic Strategist Theory, on the basis of deeply dunged civil litigation basic theory and broadly judicial practical experiences, the paper makes an overall analysis of the movement to establish and implement civil litigation strategy in a frame of current laws and regulations, and makes an systematic summarization of the precise litigation strategy in judicial practice. In order to establish a embryonic form of litigant's civil litigation strategy theory. "Use the little to get the big", the author wants to draw the attention of the theory and practice fields, and promoting the development of our litigation strategy theory.Except the introduction and conclusion, this paper can be divided into 4 parts:Part 1, brief introduction to litigant civil litigation strategyIn this part, the author firstly gives out the definition of the concept of litigant civil litigation strategy, and preliminary discussed the important significance in protection of party's litigation interest of the strategy. And then it gives out 12 main principles in the establishment and enforcement of litigant's civil procedure strategy: the principle of litigation logistics, litigation prophet wins, litigation soft power assault, litigation opportunity, litigation offensive and defensive, litigation disturb, litigation surprising, litigation concentration, litigation momentum making, litigation variations, litigation psychological warfare, litigation trick. After that, the author discusses the procedures to formulate litigation strategy comprehensively and systematically, and it includes four steps: (1) determination litigation target after analyzing details of the case. (2) drafting program after carefully thinking, (3) selecting program after analyzing and assessment,(4) program implementation, strategy perfection. At last, the author summarized the main elements which affect litigants' litigation strategy, and point out that litigation subject, litigation right, litigation, qualified litigants, the burden of proof and litigation cost all affect the establishment and implementation of party's litigation strategy, the author also analyses the function exertion conditions and possible consequences of these elements. In order to achieve the goal of positive guidance and reasonable planning of the strategy on the basis of comprehensive understanding, and in order to make full use of the strategy to service the establishment and implementation of litigation strategy.Part 2, jurisdiction avoidance and it's response strategyIn this part, the author firstly discusses the concept, the presence significance and the status in civil litigation institution briefly of civil litigation jurisdiction system; and then the author discuses the goal for the litigants to avoid jurisdiction in two aspects: litigation cost deduction and local judicial protection; hereafter, it comes to the core of this part, that is, geographical jurisdiction and it's corresponding response strategy, rank jurisdiction and it's corresponding response strategy. Among them, there are 9 methods to response to geographical jurisdiction avoidance, and 4 methods to respond to rank jurisdiction avoidance. And each method is named with tricks 36 and idioms, and each method includes definition, movements disintegration and response strategy. The author also discusses the operation circuit and the problem may encounters in the practice of each strategy thoroughly.Part 3, litigation raid, prosecution right abuse, litigation procedure right abuse and it's response strategyThe author divides this part into 3 section, exactly, (1) litigation raid and it's response strategy, (2) prosecution right abuse and it's response strategy, (3) litigation procedure right abuse and it's response strategy. In section 1, the author proposes the raid strategy from 8 aspects: evidence, lawsuit, declaration, the variation of litigant's case statement, prosecution and reply, appeal, objection to jurisdiction. And the author gives out the response strategy to each strategy too; in section 2, the author divides litigation right abuse into 4 types: prosecution right abuse, counter suit right abuse, appeal right abuse, complaint right abuse. And it gives out the corresponding response strategy after analyzing the goal and methods of litigation right abuse; in section 3, on the basis of litigation circuit, using the same method of part 1 and 2, the author conclude and analyses the behavior of litigation procedure right abuse, and gives out some relatively effective prevention measures. Section 4, litigation drag and it's response strategyIn this part, the author conclude the commonly used litigation drag strategic behavior in judicial practice scantly, it measures up to 15 methods. And then the author analyses the application methods, application conditions and expecting consequence preliminarily, etc. In order to seek the corresponding resolutions. Regretfully, for lacking of ability, the author can not resolve all the tricks mentioned above, and can only propose limited methods to tackle these problems.