The Legal Liability Of Civil Litigation

Of the civil litigation in our country,the phenomenon of abnormal operation in proceedings is very common. The reason is that lacking of strict civil liability system in Civil Procedure Law. Obviously, the legal liability in civil procedure is connected with civil entity liability and the mandatory measures for prejudicing civil actions. But there are many differences between them. Actually, the application of the civil litigation in civil procedure is widely. It includes the subjects of legal relationship in civil procedure and the person who is not involved in the trial. For example, the judge, the Party, the law-agent, the other participants in the proceedings, the people’s procuratorial and their staff.And then,the legal liability in civil procedure includes the civil entity liability and the civil procedure liability. However, the majorities of law clause in civil procedure law are designed the proceedings, and is lacking of the legal liability. The mandatory measures for prejudicing civil actions in the chapter 10 of the civil procedure law is for restricting the action of the Party, the law-agents, the other participants, and without the legal liability for the judge. Although, the amendment of civil procedure law in 2012 adds the principle of good faith, this principle almost has no effected in lawsuit. In general, lacking of legal liability system has become one of the important factors affecting Civil Procedure Law. Therefore, here are some necessary measures for scientifically constructing China’s legal liability system of civil procedure. Such as integrate regulation about the mandatory measures of the Civil Procedure Law, change “the mandatory measures for prejudicing civil actions” in the chapter 10 to the “legal liability of civil procedure”, clearly stipulate procedural legal liability of the judge and detailing legal liability of litigants and other participants.