To Build The Program To Select The Right System Of Rational Thinking

The system of the selective right in civil procedure emphasizes on the individual interest from the parties'angle, which provides opportunity for the parties to select ways to seek truth and promote lawsuit. In line with the spirit of jurisprudence, the system of the selective right in civil procedure actually embodies the modern judicial spirit that is"justice"and"efficiency".On the road to judicial modernization, it is bound to construct mature system of the selective right in civil procedure law. The situation, however, is very few laws or regulations have stipulated this system in China. It has become a hot issue discussed in academic circle where scholars enthusiastically calling for setting rules for it. Admittedly, it is still a long way to go.This text discusses the reasons for the construction of the system from both internal side and external side. It has also compared the present law in common law system and Taiwan Province. Furthermore, it deals with the characteristics of Chinese traditional legal culture which exerts significant effect on the construction of the system of the selective right in civil procedure law and concludes that it is unrealistic to establish this system at present. Finally, this text proposes author's individual suggestions on how to improve the system. On this purpose, the thesis of this text is completed.It comprises three parts: introduction, text and final chapter. The text consists of six chapters.The first chapter generally analyzes the definition, the characteristics and the content of the selective right in civil procedure which is stipulated according to the law of each country. It interprets this concept from the connotative angle on emphasis.The second chapter firstly analyzes the theory basis of the selective right in civil procedure from two angles-philosophical basis and judicial basis. Then discusses the judicial value and significance of the selective right in civil procedure. It is good to improve the efficiency of lawsuit, strengthen the public reliance of the judgement and satisfy the multiple demand of the parties to resolve the dispute. So it is believed that the parties need a certain selective right in civil procedure.The third chapter compares the circumstance of some countries at present. It selects some representative units such as common law countries and civil law area Taiwan to analyze on emphasis. It also expounds our countries actualities of the selective right in civil procedure.The fourth chapter mainly analyzes the interior and exterior qualifications to generate and realize a system such as the system of the selective right in civil procedure. The interior qualifications comprise the procedure parties'freedom demand and benefit demand. The exterior qualifications comprise the request of the market economy and democracy politics, the choice of the parties and society, the acceptance and disposal of law, the accumulation of the lawsuit's culture.The fifth chapter mainly discusses the importance that the lawsuit's culture affects the system of the selective right in civil procedure. It also analyzes the character of the lawsuit's culture of the common law countries and our country and compares the difference between these two.The sixth chapter mainly demonstrates the missing and unreality if the system of the selective right in civil procedure is constructed in our country at the present. The author also suggests some advice about how to make the selective right in civil procedure more perfect.In fact, it is a big topic to study the system of the selective right in civil procedure. So it needs a lot of knowledge and investigation to discuss this problem. But the author's knowledge and investigation is not enough that I can only do a general study on this topic. If there are any faults or pretermissions please don't hesitate to point them out.