Theory Of Civil Procedure Option In Civil Litigation

The right of civil procedure option is the refraction of theconstitutional principle of human rights in the field of civil procedurelaw.The implied concept of human rights and freedom just fits the boom ofpublic power limitation which protects private rights in recent years.Therefore, the concept and theory began to enter the view of academiccircles. According to the previous study of scholars, the author intends tocontribute to a force of their own to the theory and practice of the right ofcivil procedure option through my shallow research. The paper mainlyconsists of four parts, which are the preface, the text, the conclusion andthe reference. It firstly defines the right of civil procedure option, analyzesthe rightness and the defects of the concept, and finally puts forward thespecific measures of improvement. Among them, the text is divided intofour chapters:The first chapter introduces the basic theory of the right of civilprocedure option. First of all, it defines the scope of the right of civilprocedure option, and limits the research in civil litigation. Secondly, itanalyzes the nature of the right of civil procedure option. It clarifies thenature through the comparison of this concept, the right of deposition, theprinciple of deposition and the right of action. Finally, it introduces therelated theory of the right exercise, through analyzing the subject, theobject, the premise and the mode.The second chapter introduces the rightness of the right of civilprocedure option. From the perspective of the constitution, the procedurelaw and substantive law, it traces the legal basics of the right of civilprocedure option. Secondly, from the perspective of the market economy,the diversified values and the limitation of judicial authority, it analyzes therealistic necessity of the right of civil procedure option. Finally, from theperspective of the procedure justice, the litigation efficiency, human rightsprotection and the rightness of sentences, it analyzes the judicial value ofthe right of civil procedure option.The third chapter introduces the legislation of the right of civil procedure option of countries and regions Through the comparativeanalysis, it finds out the compatibility to use for reference in the theoryresearch of the right of civil procedure option in our country.The last chapter expounds the status quo and perfection. First of all,on the basis of our legislation, it clarifies the defects of he right of civilprocedure option in our country. Secondly, to solve these problems, it putsforward suggestions, such as emphasizing the idea of human rightsprotection and procedure protection, creating new specific rights of civilprocedure option, perfecting already existing rights of civil procedureoption and providing related supporting measures.