On The Relationship Between The Principle Of Disposition Of Civil Litigation And State Intervention

During the dialectical development of private autonomy and State intervention, grasping the direction of development of Civil Litigation Law, placing private autonomy in the main location and carrying out moderate State intervention should be objective laws guided by Civil Litigation Law. However, Civil Litigation Law of our country fails to protect the parties to maximize rights of disposition because of excessive State intervention and lack of intervention. This is one of reasons for the principle of disposition of Civil Litigation Law in our country being not fully implemented.This article has traced the history, development and changes of the principle of parties' disposition in the way of historical analysis, comparative analysis and theory with practice. The author puts forward recommendations to refine and improve by learning the theory and practice-related experience from other countries or regions , contacting the theory of China's civil legislation and judicial practice and aiming for some of more prominent contradictions in litigation aspects. At the same time, through dialectical analysis, the author elaborates the relationship between State intervention and the principle of parties' disposition, as well as how to achieve harmony with each other.This article has six parts.Part I,Introduction. Activities of civil litigation are carried forward and finished gradually in the interaction between rights of parties' disposition and State intervention. It depends on being rationally divided and guided by laws between them if activities of civil litigation can be successfully achieved and if parties' benefits can be protected.Part II,Outline of the principle of disposition and State intervention. The concept of subjectivity and the concept of private autonomy are essential requirements carrying out the principle of parties' disposition by analyzing the meaning and content of the principle of parties' disposition. State intervention is one concept against the principle of parties' disposition.This part elaborates the history and development about State intervention in our country.Part III, Comparison of the relationship between the principle of disposition and State intervention from major countries of Two Legal. To study the relationship between the principle of disposition and State intervention from major countries of Two Legal Systems, we recognize that western countries insist the principle of parties' disposition in the system of civil litigation,at the time time, efforts and scope of State intervention are also gradually increased. State intervention of the continental legal system mainly represents to further strengthen the judge's command of the proceedings in order to speed up the litigation process.However, State intervention of Anglo-American legal system in civil proceedings limites the rights of the parties operating procedures at some extent mainly through the appropriate terms of reference to strengthen the role of judges in order that they can improve efficiency and reduce costs of legal proceedings.Part IV, Studying the relationship between the principle of parties' disposition and State intervention in civil litigation of our country. The principle of parties' disposition of our country exsists strong color of State intervention. The reason is the traditional planned economic system, as well as the impact of the theory of the former Soviet Union followed, then the accumulation of historical and cultural traditions.Part V, Reflection and coordination about the relationship between the principle of parties' disposition and State intervention in civil litigation of our country. Through theory, legislation, litigation and other aspects of the practice of reflection,we fully recognize the principle of parties' disposition and State intervention should not be mutually exclusive, and exist a state of confrontation with each other, but should, in general, constitute a kind of unified and harmonious relationship.The principle of parties' disposition and State intervention in civil litigation of our country should be reviewed: the principle of parties' disposition is superior to State intervention. The principle of parties' disposition is the basic norms governing and State intervention is only exceptions and additions.Part VI, Conclusion. There are historical, cultural, economic and other reasons that China will carry out State intervention when parties use their rights of disposition.Improving the principle of parties' disposition should be coordinated with appropriate State intervention. Only in this way construction of the rule of law in our country can orderly and smoothly develop.