On The Perfection To The Civil Litigation Command Power Of China

The transformation of China's civil litigation system requests adjustment of the civil litigation command power." Lack of autonomy of procedures and withdrawal of judges' some powers from court" a combination of the phenomenon indicates that the adjustment of the civil litigation command power is a "misplaced", China current system of the civil litigation command power should be improved. The main contents and the limits of the civil litigation command power should be cleared, and the objection system of the civil litigation command power should be set up. The article discusses the definition, the nature and the legitimacy of the civil litigation command power, studies the system on the civil litigation command power of United States, Britain, France and Japan, summes up and summarizes the contents of the system in these countries. According to the existing results of research of scholars at home and abroad, this article focuses on the theory on the content and limit of the civil litigation command power, under the guidance of the theory, the paper gives some sound advice on China's system of the civil litigation command power. The full text is divided into three parts, including introduction, body and conclusion:Introduction: Since 1980s, the field of China's civil litigation has been carrying out a trial reform with the significance of civil procedural transition, the transformation of China's civil litigation system requests adjustment of the civil litigation command power, "Lack of autonomy of procedures and withdrawal of judges' some powers from court" a combination of the phenomenon indicates that the adjustment of the civil litigation command power is a "misplaced", the reason is that the main contents and the limits of the civil litigation command power have been not cleared, and the objection system of the civil litigation command power have been not set up in China's civil procedure law.The body is again divided into five parts below:The first part: The definition of the civil litigation command power. Scholars mainly have the following two views: the civil litigation command power in the narrow sense and the civil litigation command power in the broad sense, I agree with the latter. There are two sense of the civil litigation command power including the procedural sense and the substantive sense.The secend part: Legitimacy basis. the system of the civil litigation command power is favourable to protect the dominant position in the civil action, promote the realization of substantive justice, promote litigation efficiency, make sure the stability and security of procedure and reflects the world development trend of civil litigation system.The third part: The foreign provisions on the system of the civil litigation command power. The article focuses on the systems of some typical countries from common law and civil law.The fourth part: The main contents and limit of the civil litigation command power. Article reviews views of scholars in Japan and China on the main contents of the civil litigation command power. according to these views and the contents of the civil litigation command power in United States and Britain, France and Japan, I put forward my viewpoint their on the main contents of the civil litigation command power, and discuss the limits of the civil litigation command power.The fifth part: Suggestions on perfecting China's system of the civil litigation command power. According to the theory on the main contents and limit of the civil litigation command power, I put forward my view on perfecting China's system of the civil litigation command power: People Court's some power should be weakened, such as the start and end of the procedure, participation of procedure and the effect of involvement; while some power should be strengthened, such as the respondent, the burden of proof, cross-examination and identification of witnesses. In order to help the disadvantaged party to achieve substantive justice, System of the hermeneutic right should be established in China. In addition, the objection system to the civil litigation command power should be set up in order to remedy parties' rights and interests damaged by the civil litigation command power.Conclusion: We should not only concern the parties' rights of appeal, but also concern about judges' command right of civil action and study it in-depth. In today's world, two legal systems'tendency happening to strengthen the civil litigation command power bring us such a revelation: action should be coordinated by the operation of the parties and the courts, and settle disputes through dialogue as soon as possible. Reform of China's civil procedure should dilute mode of dispute. Under the premise of protection of parties' appeal rights and dominant position of litigation, judges' command right of civil action has to be retained, standardized and perfect in order to form a interaction mechanism resolving civil disputes.