On The Principle Of Civil Penalties

As the basic principal of the civil procedure , the disposition principal embodies the litigants'judiciary freedom in the lawsuit action .That means , whether the disposition principal in civil procedural law is regulated reasonably or not , decides the litigant's right in civil procedural action is more or less . However , in our justice practice , the disposition principal has not been implemented well , and the litigants'disposition suffer the super restrictions . The reason is that , our present legislation has some lacunas and limitations . Through reviewing and comparing the disposition principal of the western two law system , the article indicates the shortage of our present civil procedural law , at the same time , combining the theory foundation and the society foundation which the disposition principal rely on , the article puts forward some concrete ways for reforming and perfecting the disposition principal of our country .There are five parts in this thesis :Part one , reviewing: the origin of the disposition principal. Presenting the development course of disposition principal in the historical angle , adopting the lengthways analyse . There are three phases : in the ancient age , some germinations of the disposition principal had been appeared ; in the middle ages , the disposition principal developed slowly , almost stagnantly ; in the neoteric age , the disposition principal had been established formally .Part two , comparing : the connotation of the two law systems'disposition principal . The article compares the disposition principal between continental legal system , such as France and Germany and anglo-american law syetem , such as America and Britain . It also points their disposition principal's advantages which can be used for our disposition principal's reformation and perfection .Part three , surveying: the connotation of our country's disposition principal . After analyzing our present civil procedural law and using for reference of the two law systems'disposition principal , the article points out the shortage of our disposition principal , and explains the reason for the shortage at the angle of economy , politics and legal culture .Part four , parsing : the foundation of redesigning our disposition principal .The redesign of disposition principal should possess not only the theory foundation , but also the society foundation . The theory foundation includes the autonomy of private rights and power restriction ; the society foundation includes the fully development of market economy and democracy , the arousal of right's consciousness .Part five, conceiving : the reconstruction of our disposition principal . By the part four's analysis , the article indicates that the foundation of redesigning our disposition principal has already become a fact .Then , the article brings forward two ways , which are establishing relevant system and perfecting relevant system , to reform the disposition principal of our country . At last , the article briefly introduces the exception of the disposition principal application , namely suits for public welfare and procedure of personal status relationship .