Civil Litigation Security Research

The civil procedural rights originated from the system of sue of Roman Law. Just because the substantive rights are violated or damaged, the parties ask the court--the symbol of national public authority--to help them solve the problems and give a fair judgement. It is the civil procedural rights--the impetus of proceedings. The author try to understand and redefine the rights in this paper. Basing on the analysis of the value of the civil procedural rights, and the solution of relations between the rights and the civil rights of action, the civil judicial authority and the civil rights of claim, the author tries to explain the necessity of the protection of the rights. At the same time, the author suggests to regulate the abuse of the civil procedural rights which is a big trouble in the judicial practice. It is also an important aspect of the protection of the rights. On the other side, the author analyzes the relationship between the litigation and conciliation, further clarifies the basic position--on the disputes’ solution--of the litigation. In this paper, using a separate chapter to analyzes the court’ conciliation and the people’ conciliation, is just one of the highlights of this paper. During all measures of the protection, putting the civil procedural rights into the Constitution is the most fundamental and effective one. In the last chapter, the author analyzes the civil procedural rights is a important part of constitutional rights. putting the civil procedural rights into the Constitution is not only necessary but also feasible.