Research On The Legal Regulation Of Litigation Surprise

The procedures legal ideology requires in the civil Procedure law a clarified and unified prescription of the sine qua non of the tenability and effectiveness of litigation activities, which should be conducted orderly and instrict accordance with the condition, manner and steps provided by the law.Obviously this is in an attempt to"format" all the legal proeedures in a preseribed"track", and to provide an objective standard:should it be formally in line with the law, the action is to be considered legal.However, the litigation proeedure is a dynamic intertexture, all of which, due to the imperfectness, abstractness and rigidity of statute law, can not be definitely preseribed even by the most meticulous code.As a result, litigation maneuver is nevertheless possible.Because of the diversity in the configuration of rights and obligations, in the objectives of the litigation, and in the choice of litigation manners, as well as of the differences in the benefit consideration situation judgment and the common litigation viewpoint, some behaviors of the litigation subject may not necessarily lead to the realization of dispute-solving function.Moreover, as has been proven by the legal practice, it may even hinder the effective and stable operation of the procedure, of which, a typical instance is litigations surprise.Effective constraint of litigation surprise is the key to achieve the justice and the social harmony. Our country present imperfect legal system varying in a big way leaves leeway "the existing space" for the litigation surprise, which has brought many difficulties for the judicial practice and the seriously affected the thoroughness of dispute resolution. Based on this present situation, strengthening the legal regulation of civil litigation surprise is urgently required. The discussion foundation is expanded from taking construct the legal regulation of our country litigation surprise as a subject, by analyzing our country present situation of litigation surprise, in profits from outside reasonably beneficial experience.Then it leads to propose the tentative plan about restructures the legal regulations pattern of our country litigation surprise. The paper is constructed into the following several chapters as following:Introduction:This part introduces the domestic and foreign studies on this problem, emphasizes the important significance of restructuring our legal regulations system of civil litigation surprise.Chapter I:Definition of legal attack. Starting from defining the litigation surprise, the author pointed out the concept of the essence and constitute elements of litigation surprise, analyzed the performance characteristic and form of expression about litigation surprise, and explained the causes of litigation surprise.Chapter II:the necessity about the law regulations of litigation surprise. By analyzing the harm of litigation surprise, the author had pointed out macroscopically the necessity about the law regulations of litigation surprise.Chapter III:Jurisprudential basis of the restructure of China's civil legal regulations system. The author explained the significance in the visual angle of the procedure justice, which is that the litigation economy and the lawsuit order stable, has laid the jurisprudential basis for the law regulations of litigation surprise.Chapter IV. Restructure the law regulations system of litigation surprise. Combining the useful experience of extraterritorial related systems, the author improved the pre-trial procedures and established the responsibility mechanisms of lawsuit and other aspects of litigation to build the concept of the law regulations of litigation surprise.Conclusion:the researcher summed up the main viewpoints of the whole thesis, reaffirmed the purpose and significance of the thesis writing.The researcher takeed deductive analysis, comparative analysis and other research methods to study the constitute elements,characteristics and the form of expression about litigation surprise as well as Jurisprudential basis of the restructure of China's civil legal regulations system. On the basis of comparative research, the author concluded the necessity and conrete ideas about the law regulations of litigation surprise.