Litigation Function In Harmony In The Context Of Study

The function of lawsuits is the efficacy and impact of lawsuits. The function of lawsuits can be divided into the legal function and the social function of lawsuits, the positive function and the negative function of lawsuits, the realistic function and the ideal function of lawsuits. In order to promote democracy and the rule of law, it should be in accordance with principles of promoting harmony, safeguarding the rule of law and protecting human rights to construct the ideal system of lawsuits'functions. Legal functions of ideal lawsuits include realizing substantive legal rules and legal principles and formulating new rules to adapt the development of society. Social functions of ideal lawsuits include: solving the dispute in fair procedure and just substance so as to restore the original social harmony; eliminating the victim's revenge, and clearing limits of the rights and obligations, and directing the behavior of social members afterwards, thus preventing new dispute arose, maintaining the existing social harmony; compensating the loss of the victims and punishing the acts of the infringers, to promote statutory human rights converting into real human rights, detecting social trends timely, to promote human rights should-be converting into statutory human rights, thus protecting human rights to promote social harmony.The adequate realization of the ideal function needs conditions in all areas, which include mainly: a good substantive law and procedural law, judicial independence, high-quality professional lawsuit personnel, advanced lawsuit culture. China's current realization of functions of lawsuits is inadequate. The legal function of lawsuits realizes non-autonomously, and the social function of lawsuits realizes non-authoritatively. This is mainly due to the conditions of the adequate realization of functions of lawsuits is not ready in current Chinese society, we should perfect the legal system, judicial system, professional lawsuit personnel, and legal culture, etc, to create conditions needed, so as to achieve the full realization of functions of lawsuits.