Analyses Of The Parties’ Civil Procedural Option Right Based On The New Civil Procedure Law

The parties’ civil procedural option right is of great importance forthe guarantee of parties’ subjective status and protection of proceduraljustice.Take advantage of the revision of civil procedural law in2012,this paper mainly discusses the current situation of the parties’ civilprocedural option right and puts forward suggestions to improve it.Atfirst,this paper intends to illustrate the legal theory basis and thepractical needs of option right.Secondly,it analyzes the imperfection andcauses of legislation and judicial practice.Lastly,it puts forward somesuggestions to improve civil procedural option right.The paper consists of three parts:introduction,text and finalchapter.There are four chapters in text.Chapter one summarizes the procedural option right.First of all,basing on the narrow-sense procedural option, this paper expounds theconcept and legal nature of civil procedural option right.Next,it analyzeits legal theory basis,such as basis of constitutional,substantive lawand procedural law.Finally,it discusses the relationship between theprocedural option right and related concepts.Comparing procedural optionright with the right of disposition and jurisdiction,it’s easy to recognize the similarity and the great difference between them.Althoughthere are close inner link between right of disposition and proceduraloption right,they are two different concepts.The second chapteremphasizes exercising procedural option right,including legal subject,content and safeguard.Then,it analyzes the legitimacy and value ofprocedural option right:improving community acceptance of judgment,saving costs and raising efficiency of lawsuit,protecting the proceduraljustice.The third chapter presents the new development of China’s civilprocedural option right.First of all,introduces the new items aboutprocedural option right in the amendment of civil procedural law.Secondly,starting from the current situation of China,it analyzes the imperfectionof current legislation and causes. Chapter four offers a proposal toimprove the procedural option right from macroscopic and microscopicaspect.Macroscopic aspect particularly focus on establishingpeople-oriented judicial philosophy by defining the judge’sinterpretation right.Microscopic aspect stresses on the certainprocedure,adding some provisions to the civil procedure law to perfectthe system of procedure option right.