| The social aspects have undergone significant innovation and change with the rapid economic development in China now. The economic base determines the superstructure, and the law is certainly no exception. When the process of development of China’s rule of law is accelerating, the traditional rural society begins a rapid transition-rural towns and urban level of the rule of law is growing. China’s social structure is also showing a wide range of characteristics. Going with the inevitable trend of social development, mainstream thought in the idea of stranger social acquaintances emphasis on the value of the contract and the weight for the rule of law compared with the social relations and human relationship. Meanwhile the deficiencies in our civil procedure system have been constantly enlarged. With the transition period of change, the problem this paper attempts to analyze and solve is how to improve the challenge system in order to achieve the purpose of legislative innovation of theoretical innovation, protect the procedural justice and ensure the exercise of the parties the right to appeal.In addition to the introduction and conclusion, this article has four chapters. Firstly, there is a brief description of the connotation of civil litigation avoidance system in China, including the concept, form of expression, history and so on. Secondly, it explores the plight of challenge system in the acquaintances society. I will introduce what a society of acquaintances is and the negative impact on China’s civil litigation avoidance system in the society of acquaintances. The last chapters are about the major shortcomings of the system and the perfection of avoidance system.I will discuss them through three stages, including the application, the decision and exercising the right. We have to do something such as building institutional foundation and making specific legislation if we want to make our dream come true. |
