The Choice Of Civil Procedure

Since the last century, the principle of civil procedure subjectivity has been a public principle of the constitutional and procedural law in law-developed countries. The right of choice of civil procedure directly comes from the principle of civil procedure subjectivity and it is the way of realizing the principle of civil procedure subjectivity. The right of choice of civil procedure is relative to the parties' benefit, freedom and property . When the civil dispute takes place, the parties shoud not only have right to choose the procedure of dispute settlement according to the type, character and nature of the dispute, but also have the right to chose even more concrete procedures in certain procedure. The right of choice of civil procedure can help the parties make a rational determination between the truth and efficiency, it also can help the parties save the labor, time and cost which is not relative to the dispute. Without the right of choice of civil procedure, the parties' benefit will not been protected perfectly, which is against the animus of The Constitution . We should found the right of choice of the parties in our civil procedure law and better it continuously.