| The emphasis on strengthening the protection of the parties litigation right in civil action, not just practical needs, but also evidence-based theory, which is not only the inevitable requirement for the parties to keep their dominant position in procedures, to request the judicial remedy rights, to harmony jurisdiction and lawsuit, but also cost-benefit theory of actionable requirements. Specific to how to strengthen the protection of our civil litigation rights, which is the problem we focus on solving, I propose to proceed from the following aspects:First, we should abandon the concept of the traditional litigation rights and establish a scientific and rational concept. Litigation right is not only the tool of the protection for civil rights, but also the aim to get the civil rights.Secondly, we must expand our range of civil disputes actionable. After studying the scope of civil disputes abroad in some countries, it is proposed should be protected expand our range of civil disputes, including civil rights disputes and constitutional disputes, without violate our legation law.Thirdly, it is necessary to drop the conditions of the civil suit, as long as the plaintiff points the civil defendants clearly for the court investigation. It is proposed to reform the system of filing that transforming filing procedure to filing registration procedure. We need to strengthen the supervision of judges and to give the parties adequate facilities.Fourth, we must reconstruct our system of litigation fees. It is proposed that the organization which making the law of litigation fees should belong to National People's Congress or its Standing Committee. In addition, our legal aid system should be reformed. And the financial support to the courts should be increased from local government.Fifth, to prevent the abuse of the civil litigation right is an important component of the protection of parties'rights. In order to keep back the growing abuse cases, we should establish compensation system, make the relevant provisions of the law operable and build multivariate way to investigate responsibility. |
