On Civil Procedure, The Right To Choose

With the deepening of the revolution of the civil trail pattern and the expanding of the researches on the civil litigation theory, it has been generally acknowledged on the issue of partier's procedure status and others related with the principle by the legal theory circle and judicial practical circle. The civil procedure option is not only a better way to realize and compensate the partier's person and property rights and interests which are injured , but also a manifestation of partier's procedure status. Based on the procedure option, the partier is allowed to choose the specific way of dispute solution according to the type ,the characteristic ,the nature of dispute and the purpose after dispute arises .In order to resolve disputes in a more fair and efficient way, to have extensive procedure options in the process of single case will help the partier to balance between discovering truth and promoting litigation and to avoid unnecessary damages on their person and property rights and interests which are beyond the object .So the procedure option should be established and perfected in our legislation of civil litigation.This article which centers on the issue of civil procedure option is divided into four parts as follows:In the first part, it gives us a brief introduction of the civil procedure option including the definition of the concept and the characteristics in the angle of the body ,the nature and the existing basis of the right as well as the scope of the right and optional procedure in seven parts. This part also analyses the relationship between the procedure option and the jus disponendi pointing out the difference is that the former one focuses on efficiency while the other emphasizes on rights.The second part elaborates the theory foundation, value function of the procedure option as well as the birth and realization of the system. On the philosophy ground, dialectics of will freedom admitted the subjective of a person who can judge and choose rationally under the control of free will. As a realm of traditional private power, the essence of the private power could not be neglected, although the shadow of adjustment of public law can be found. As an well-known principle in civil law, the principle of autonomy doubtlessly provides a direct theory basis for the procedure option. Respecting the will freedom of the partier and giving the partier the right to choose the dispute solution method and concrete procedure are the demonstration of principle of autonomy. The constitution of our country has already affirmed the position of citizen definitely, who possesses of "the procedure corpus principle" in the realm of private law. Extending to the procedure law ,a form of fair and justice should be provided in the procedure construction. The procedure option with many values and functions can not only release the partier's dissatisfaction due to the compulsory procedure, strengthen the trust to the verdict and help the partier to choose the procedure and rights to avoid the unnecessary litigate procedure and enhance the litigate efficiency thanks to the enormous...