Brief Analysis Of The Application Of Civil Rules In The Civil Procedure

China's modernization of economy and society has not been achieved currently, and hope to improve its legal system and achieve modernization of law through the way of legal transplants. However, People come to realize that advanced Western legal concepts and legal system is out of touch with our real situation in the process of modernization of law. Under the pluralistic social background, at the same time from the actual conditions of our own, we not only need to learn the Western legal systems, but also attention to the role of civil rules inherent in society and fully understand the importance of civil rules in the maintenance of social order and adjustment of the relationship between rights and obligations. In this article, we discuss the application of civil rules in civil procedure and how to solve disputes effectively through the use of civil rules. The article is organized as follows.The first part of this article discusses the concept of civil rules and its basic characteristics. Civil rules is widely existing in real life, and playing an effective role in many areas, and its content is also very rich. Through systematic combing of civil rules, this article defines its basic connotation, describes its content in different classes, and does the analysis of its basic characteristics in current stage.The second part of this article dissertates the necessity of suitable for use of civil rules in civil proceedings. We elaborate it from three aspects in this section. First, because of the inadequate supply of national norms, the civil disputes cannot be entirely effective solved based on national norms. Second, although the building of legal system is accelerating, this way of the law change cannot rapidly internalize the people's basic concepts within a short period of time, and they have not form a complete legal belief psychology. A considerable part of people's behavior is guided by the civil rules, therefore, in hopes of civil rules to become a standard dispute settlement after the dispute has arisen. Third, in the period of social transition, overseas legal systems can not immediately integrate into society as a whole, and the civil rules of spontaneous formation is needed for social order maintaining.The third part of this article dissertates the way of suitable for use of civil rules in civil proceedings. We elaborate the suitable for use of civil rules from three aspects through the approach of case analysis. The first aspect is civil rules as the basic application in civil proceedings directly. The second aspect is judges re-elaborate civil rules to the relevant legal rights or principles of law in civil proceedings and make decision in the transformation of the civil rules application. The third aspect is when the civil rules and the provisions of existing laws in conflict situations, judges balance of interests of all parties in the legal and social reality, according to civil rules, through mediation and other ways to make the case to resolve that is consistent with social fairness and justice in line with reasonableThe last part of this article discusses how to further promote the role of civil rules of play, and enable a judge to find a point that national law and civil society to work towards a better fit, and make a satisfactory resolution of cases. On the one hand, it is necessary to make an institutionalized building to the relevant civil rules, and summarize a universal significance of the civil rules under certain conditions. On the other hand, it is need to determine the basic principles of the application of the civil rules, increase for judges attach importance to civil rule, let the judges make a full play with subjective initiative, and change the concept of justice, promote the dispute resolution.Rules civilian is popularly used in juridical practice, it especially plays a important role for solving the civil dispute and settling the case, however till now the research to the application of the rules civilian isn't enough. The creative point of this article rests in summarizing systematically the application of the rules civilian in the civil procedure and overall settling the problem of application of the rules civilian in practice, with the value of theory and practical meaning. Based on the limited level of myself, my research of this problem is relatively superficial, which need to be further emphasized on the practice, sum up and strengthening the research of positivism, in order to advancing the application of the rules civilians theoretically, as well as improving the application of the rules civilians in practice.