The Parties In A Civil Disposition

The right of disposition of party concerned in civil procedure law is very important in civil procedure law and also it is an important right of the party concerned in civil litigation. With the vigorous development of China's market economy and continuous social development, it is needed to strengthen and perfect party's right of disposition in civil litigation. To improve and perfect relevant civil litigation mechanism and procedure through systematic research of party's right of disposition with the purpose to ensure the exercise of the right of disposition of the party concerned will be of great significance for the reform and development of China's civil litigation system as well as the promotion of the social market economic economy. This thesis contains five parts:The first part concerns general introduction of the right of disposition. Firstly it defines party's right of disposition, comparing party's right of disposition and disposition principle, party's right of disposition and party's litigation right as well as the relation between party's right of disposition in litigation and substantive disposition right; Secondly, it explores theoretic basis and nature of party's disposition right from the perspective of nomology.The second part introduces the history of the right of disposition. From Roman Law to feudal society and free capital society, the right of disposition finally has been established. Through the brief introduction of relevant regulations on the right of disposition in civil law countries and common law countries, this part illustrates that each country does not only adequately ensure party's right of disposition but also regulate relevant restrictions in order to reach mutual harmonization between party's right of disposition and court's adjudicative power.Party three discusses the relation between the right of disposition and adjudicative power. The right of disposition and adjudicative power restricts each other in some degree.The fourth part firstly introduces the establishment of party's right of disposition inChina, then it illustrates in detail the improvement and development of the right of disposition in the existing Civil Procedure Law and finally it explains the interference to party's exercising the right of disposition in China.The last part explores how to protect party's right of disposition in China's civil litigation. Firstly it raises the realistic significance of perfecting party's right of disposition. Then it illustrates how to perfect party's right of disposition in practice and finally the exercise of party's right of disposition shall be restricted by adjudicative power.