Rational Inquiry Of The Civil Litigation Humanization

The fourth session of the 18 th communist party of China central committee announces "adhere to the road of socialist rule of law with Chinese characteristics", the difference between the rule of law of socialism with Chinese characteristics path and the path of western rule of law is that the rule of law of socialism with Chinese characteristics road learns from China’s thousands of years’ excellent Chinese traditional legal culture. But what is the excellent factors of Chinese traditional legal culture? This paper will be based on Chinese traditional litigation culture so that find excellent factors that can now be used in the traditional litigation culture factors- human feeling. By demonstrating for litigation humanized rationalization and transformation through a certain way, this paper hope the unique Chinese traditional litigation culture makes contribution to the rule of law of socialism with Chinese characteristics road !This article includes three parts. Firstly,it is the history of the civil lawsuit of humanities.Secondly,it is conflict and the coincidences between the contemporary civil lawsuit human feeling and the rule of law. Thirdly, the resolution of conflict between the contemporary civil lawsuit human feeling and the rule of law and the prospect of civil lawsuit of humanities.First chapter applies the method of history dating back to the civil litigation of humanized "past life and modern life", which demonstrate the contemporary civil litigation humanities have the original. By categorization the humanities are classified on the ancient lawsuit and this article gives the analysis to the causes of the ancient human feeling. In the Shanxi-Gansu-Ningxia border during the Anti-Japanese War Maxiwu trial express the litigation humanized. Until the modern civil litigation in judicial practice it is still present in three ways. Based on the maintenance of harmonious interpersonal relationship and material reasoning and judicial activism theory, contemporary civil action of human feeling also is reasonable and necessary.The second chapter introduces that besides the contemporary civil litigation humanized has certain rationality theoretically, its practice in the process of development of China’s rule of law also has certain rationality. By using the form of the rule of law and essence of the rule of law as the theoretical model for the analysis relationship between contemporary civil litigation humanized and the rule of law. Although the form of the rule of law conflicts with contemporary civil litigation humanized, the essence of rule of law is fit with contemporary civil litigation humanized.Process of our rule of law of is very different from western developed country. Our rule of law is from the form of the rule of law to essence of the rule oflaw, and now the rule of law construction in China is in the stage of essence of rule of law.The contemporary civil lawsuit human feeling is fit with the essence of the rule of law, so contemporary civil litigation humanized in the judicial practice in our country is reasonable.The third chapter mainly express the following perspectives. Through the course of "internal card into" method of putting "humanization" into the civil trial is the key to solve the conflict between humanized and forms the rule of law and judicial problem such as "dare not to use humanized". Finally, when we place the contemporary civil lawsuit human feeling in the ADR, the future trend of contemporary civil litigation humanized can be foreseen. After mediation being separated from suit,humanized can be used the limited places where there is no written law or the written law is not good; On the contrary,mediation can apply to the humanized in priority. Such a prospect is mainly considering the difference of nature of litigation and mediation.