On The Civil Action Program Option

Today the concept of human right has developed deeply in the law theory,and the principle of civil procedure subjectivity has being accepted bycountries. The option of civil procedure has become an indispensablesubject in academic study. In this paper, after analyzing the concept ofoption of procedure, relative legislation abroad, and the justifiabilityof option of civil procedure, the author tries to construct the basictheory of option of civil procedure, and the conceptive of completing andguaranteeing it, which based on the theoretical research and legislativesituation in our country. This paper has a total of more than 30,000 wordswithin four chapters besides the introduction and epilogue.The first chapter: summary of option of civil procedure. Firstly, theauthor brings forward amendment for traditional concept of option of civilprocedure, analyses the basic meaning of option of civil procedure, anddemonstrates the relationship between the right of disposing and optionof civil procedure;and then using the method of comparison to see thereification form of option of civil procedure in legislation aboard.The second chapter: the justifiability of option of civil procedure.This chapter includes the causes, foundations and functions of option ofcivil procedure. Firstly, on demand of market economy and democracy andthe need of freedom and profit of human nature, option of civil procedurehas become an inevitable and indispensable current. Secondly, the authortries to elaborate the foundation of juristic theory from the point ofview of constitution and civil procedural law. At last, after discussingits functions in civil procedural law, the author proves that theexistence of option of civil law has huge merits.The third chapter: basic theory of option of civil law. In this chapterthe author defines the application of option of civil procedural law andthe principle of good faith, and concludes several forms of using itimproperly. Also the author demonstrates the force effect exerted by theparties. As all rights have the potential of being abused, at the end ofthis chapter, the author investigates the factors in confining theexertion of option of civil procedure and concludes that the court wouldconfine it in a reasonable way.The last chapter: the status and the integrity of option of civilprocedural law in our country .the author analyses the status of optionof civil procedure in consideration of theory research and legislationstatus. On the basic of that, the author brings forward the thoughts ofconsummating and guaranteeing the option of civil procedure in civilprocedural law.