On Civil Procedure, The Right To Choose

The civil procedural reform ,which begins from 1980s of last century ,has been carrying out for almost twenty years .Though some of good results have been achieved ,yet the orientation of the reform is not definite to us .In order to resolve many problem we now facing and balance the relationship of justice and efficiency, this article arise theidea--the civil procedural right of election , which embody theprocedural subject right of the clients. The civil procedural right of election has great significance in the times of exercising market-oriented economy and the rule of law.The body of this article consists of four parts. The first part analyzes the definition and concrete form of the civil procedural right of election. In this part, the author researches law about the civil procedural right of election in France ,German and The United States .The second part deals with the idea of legitimate basis of the civil procedural right of election. To begin with ,the article reviews the idea of mastership from the angle of philosophy .Then the author elucidates that the civil procedural right of election arise from the right of disposing(jus dispodendi).The value of the civil procedural right of election is that it will be beneficial to realize the right of property and freedom which is protected by the Constitution law .In the third part, the author analyzes the guarantees and limits of the civil procedural right of election. The part points out the main factors limiting the civil procedural right of election in the process of civil procedure ,that is ,the power of procedural management * efficiency > the principle of honest and faith .Besides these, there is also original binding force.According to the principle of the civil procedural right of election ,the last part put forwards how to rebuilt the civil procedure of china .In mind ,the idea of the procedural mastership should be set up .And in the process of reconstructing our civil proceeding ,we should leave more room for people to effect their right to election .In the end of this part ,an analysis about the guarantees and limits of the civil procedural right of election in the simple civil proceeding is done .