Research On The Parties’ Civil Right Of Litigation

There are varieties of social disputes in the development and progress of humansociety, how to solve the disputes effectively is one of the eternal subject of humansociety. public aid force is definitely the most authoritative and effective way in themodern society, from the point of view of civil litigation, the effectively use of thecivil right of litigation is the starting point for people to seek public aid force toprotect their legitimate rights and interests. Dramatic change with every aspect ofsociety, the growing number of civil disputes, the threshold of suing is too high,makes the problem of the litigation right can not get effective guarantee has beenplagued by the judiciary."Difficult to Sue" therefore, this article mainly aimed at theproblem both in the practical and legal level, according to how to solve the problemand how to ensure the effective operation of the right of the parties, then put forwardrelevant solution and suggestion.Besides the introduction and conclusion, the paper is composed of four parts.The first part, mainly from the perspective of the relationship between right oflitigation and civil litigation, through explain the definition, nature and purpose of theright, analyze the relevant theory of civil litigation right, expound the basic theory ofthe right to Sue, then lay theoretical basis for the discussion below.The second part, focusing on the court mediation is valued in legislation andpractice, and lead to excessive expansion trend, especially "first attempt to conciliate"from "new "civil procedural law" and "mediation priority" judicial policy introducedrecently, strengthen the position and role in solving civil dispute mediation, reflect theimpact and tension of the right to Sue and the right of litigation, and then discuss theindependence and complementary on the relationship of the rights, finally underlinesthe status of mediation right, including apply conciliation correctly, treat first priorityrationally, and construct a moderate amount of the separation mode.The third part, mainly discuss the specific subject about civil disputes actionablerange from the aspect of legislation, analysis its defects, through analyze thedifference with the competent court range and recognize the disputes actionable standards, then improve it to solve "difficult to prosecute" problems better.The fourth part, discuss the another specific subject about conditions of suingfrom the aspect of legislation, through differentiate the concepts of suing conditionsand litigation requirements, point out its defects in the law, then reset the conditionsof civil litigation in our country, and reform the civil case review system accordingly.