On The Program Generate Option

Today, the procedural justice is increasingly valued. It has become an idea inside the theory of procedural guarantees that offering shield for the right particularly the procedural right from the legal procedure, guaranteeing the party the independent power to make decisions, and taking into the protection equally to the behavior of the party. Giving the procedural option to the party is the embodiment of guaranteeing the legitimate rights and interests of the party exactly and well, and insuring the independence in its procedure. The creation of the procedural option is based on the freedom and the benefits of the right corpus. The procedural option is created by the choices of the right corpus and society, and the approbation of the law with install under the push of the market economy, democratic politics, etc.The realization of the procedural option needs to be guaranteed in many ways. First of all, it needs a legal space of independent judgment. The power of the person who operates the procedure should have one's own function in the field. The superior procedure is equilibrium between the power and right, and is equilibrium that the procedure right is distributed in different corpus felicitously. The litigation procedure is such; the other dispute solution procedure also is such. Secondly, it needs the procedure's own perfection. An excellent procedure that should can realize the reasonable equilibrium of the interests of the society and individual, and it can form the reasonable equilibrium in restraining from each other and interactive logic. Moreover, it needs the procedural option norm perfect. If there is no the law that provides the term, the legal power, etc. of the procedural option completely and clear, the procedure option will can't realize realistically. In addition, the participant ability of the party oneself and the maturity of the related measure is also necessary.