On The Parties Of Civil Procedure Option

In the last few years, with the in-depth of the reform of the civil adjudication method and the expansion of the theoretical research of the civil action, the party's procedure subject status and the right of choice of civil procedure has already been accepted generally. The right of choice of civil procedure is the way of realizing the principle of civil procedure subjectivity. The writer has verified the legitimacy and necessity of the existence of the right of choice of civil procedure by analyzing the definition and the content. And the writer also has offered his advice to perfect the right of choice of civil procedure.This paper consists of four parts carrying out the study on the right to choice of civil procedure in our country:Part one: professor qiu lian gong in China Taiwan district is known widely studying the right of choice of civil procedure. The writer gives a brief introduction to the concept and legal principle foundation of the right of choice of civil procedure and then emphatically analyses the narrowest sense of choice of civil procedure. The 2nd issue in this part is the relationship between the right of choice of civil procedure and the justice of procedure. The 3rd issue is the relationship between the right of choice of civil procedure and relative civil procedure concepts. The 4th issue of this part is concemed with the judicial significance of establishing the right of choice of civil procedure.Part two: the second part is concerned with theory study of the right of choice of civil procedure. Jurisprudence is an important issue to explore the relationship between free will and the law. The best expression of free will is that people can exercise their right. The right of choice of civil procedure is the shield given by law to protect the free will.Part three: This part is concerning about how to exercise the right of choice of civil procedure. As a right exercised in litigation proceedings the right of choice of civil procedure must be guided by judge. The right of choice of civil procedure is not a complete sense of the private right, it's the refraction of public law.Part four: in this part, writer has analyzed the legislative situation and how to perfect the law. In our country, according to the civil procedure law the right of choice of civil procedure that parties can exercise is limited. Relevant provisions of the law is relatively lack. As the parties are entitled to the civil procedure right, the procedure law is lack of the relevant provisions and haven't been given enough attention by the legal profession, also the writer has gave some advice to solve this problem.