The Relationship Among Diffferent Values Of Civil Porcedure

In order to adapt to the development of the theory of civil procedure and the objective need of judicial practice, the "Civil Procedure Law" in our country was amended by the standing committee of the National People’s Congress in2012, and the relationship among different values of civil procedure has been fully reflected during this process. This thesis tries to analyze the advancement and deficiency of current "Civil Procedure Law" based on the discuss about values of civil procedure and the relationship among them, and then puts forward suggestions to improve the existing provisions from the perspective of procedural value.In addition to the introduction and conclusion, this thesis is divided into four chapters, concrete contents are as follows:The first chapter introduces the value of civil procedure in general, including its concept, characteristic and specific connotation. According to the difference in evaluative standard, the value of civil procedure can be divided into intrinsic value and extrinsic value. The former includes procedural justice, procedural efficiency and procedural freedom, and the latter includes substantive justice and order.The second chapter further explores the relationship between different values of civil procedure. There exists consistency as well as contradiction among different procedural values. Based on the detailed analysis of the above relationship, the author proposes two ways to reconcile the contradictions among different values:one is "justice prevails, and also take efficiency into account", and the other is "respect the subjective value, and strengthen procedural rights".The third chapter analyzes how the relationship among different civil procedural values is reflected during the modification of the "Civil Procedure Law". Changes in some principles, systems and procedures have fully reflected the consistent as well as contradictive relationships among different values. Further analysis about these changes is not only conducive to grasping the relationship among different values more intuitively, but also helpful for applying the law more accurately.The fourth chapter discusses the advancement and deficiency of existing provisions, and puts forward suggestions for improvement. The values of civil procedure and the relationship among them have been reflected to a large extent during the modification of the "Civil Procedure Law", changes in some of the provisions have fully reflected the legislators’measurements and choices when facing value conflicts. Considering the objective judicial practice in our country, most of the choices are advisable, but there still exists room for improvement. Based on analysis of the advancement and deficiency, the author tries to put forward suggestions about ways to improve existing provisions from the perspective of the values of civil procedure.