On The Right To Know Of Parties To Civil Suits

With the continuous development of the rule of law,People recognize the importance of law.More and more people in the event of disputes take the law as arms to defend their own legitimate rights and interests.But just the idea is not enough,because only a small number of people are familiar with the laws of our country and can use the law to safeguard their legitimate rights and interests.More people know little about the law,and even ignorant.In addition,because of China's legal aid system and the imperfect development of legal system, the parties to resolve disputes using the law not as the ultimate perfection.After all,the majority of people are unfamiliar with the Proceedings and they do not understand the rules of procedure.They also do not know how to exercise their rights in the course of procedures, how can they take part in the proceedings more effectivly,how to make their actions influence the judge.For a long time trial by inspection or examnation is our country's litigation pattern. because of this litigation pattern,the judges are not respect on the dominant position of the parties in their heart,of course,they are surly not to protect the clients.Only litigants have right to know the parties are they able to carry out the course of the proceedings and give full play to their main role of the procedure.Only the parties are fully familiar with the rules of procedures they can make scientific decision-making and be rational to practice their own legal action.At present in our country,the status of party's right to know is:according to the civil law,parties have no right to know,also they are not relief measures if their right to know is violated.Only in some of the legal provisions have a number of scattered provisions However,these provisions for the protection of the clients right to information is negligible.Only when the judges have the basic concept of right to information and a set of mechanisms are set up,effective participation of the parties to the proceedings is to come.changing magistrate's theory is to correct judges' the "self-centered" concept,set up "client-centered" concept so as to respect and protect the parties' dominant position of the procedure.In addition,we should also set up a corresponding system of protection.Seting up public hearing system and the judges' prescribed obligations is very important.public hearing of our country is a fundamental system of Civil Procedure,in which decretalists have explored in depth,public to hearing system for the protection of the right to know of the parties is very necessary.Although not all information of the proceedings are in the hands of the judges,they are also some information is in possession of the other parties(for example,extremely important evidence),the judges monopoly many information.Just only their information are open to the parties will the parties be able to know.The judge must set up effective ways to ensure that the parties be able to fully and timely to obtain the corresponding information.In addition to the public hearing system,we also have to set up judges 'prescribed obligations to further the protection of the parties the right to know.Since the majority of the parties is not a professional legal staff,they can not fully effective use of legal weapons to safeguard their legitimate rights and interests.There is unfair between the parties because of differences in ability,then the judges in the course of the proceedings are bound to lead to substantive equality between the parties.This is not permitted by justice of procedures.Then the judges are accountable during the proceedings. The explanations are different because of proceedings,litigation theory,proceedings of the different cultures in different countries and even in the same country at different periods explanations are different.Finally,any of the rights can not be separated from the right to relief,that is to say after the rights had been violated these must be remedy to the right.Of course,in civil law,because of various reasons,a lot of right of action only on paper stage,there is no violation of the rights provided for how to remedy the position.The author writing this thesis is to clear the main purpose of the right to know during the proceedings.And according to the law and the practice the protection of the parties' right to know is poor,making the role of the right to know can not be brought into full play.Then the protection of the parties' right to know is neccessary.We not only pay attention to theoretical but also to practice.