The Building Of The System Of The Right Of Exception In Civil Procedure In China

The right of exception means that one of the parties owns the right to say no to the other party and the court's illegal actions and ask them to correct these procedure flaw behaviors.There are no rules to deal these procedure flaw behaviors in civil procedure in China.Between the effective and invalid behavior,the right of exception will play an important role.The establishment of the right of exception is helpful to protect the application status of parties,the realization of the justice of visible,the expanding of judicial referee acceptance and the improvement of the efficiency of the civil litigation.In order to build the right of exception in civil procedure in China,we can begin from the following aspects:(1)the body who has the right to ask should be one of the parties,in the broadest sense of the term.(2)the object complies with the requirements of the procedure for the drawbacks of procedural behavior,or that it has nothing to do with the content of the litigation.(3)during the period of oral argument or prepared to debate moment,the usage of this right should be timely and in a legal form,oral or written.(4)the right should be allowed to give up,but also by certain restrictions,such as mandatory specification.(5)The party who doesn't obey the court's judgment,may apply for reconsideration once.If the first-instance court ignore the right of exception,the second court shall guarantee the right and correct these procedure flaw behaviors.The are four main parts in this thesis,including:The first part analyses the the System of the Right of Exception in the mainland legal system,including the connotation and nature of tenants of this right.This thesis also analyses the main contents of this system and introduces the origin and the function of the right of exception.The second part analyses the necessity of constructing the right of the exception,including the necessity of improving the system of existing litigation dissent and curing the procedural flaw behavior.The third part analyses the basis and foundation of building the right of the exception,including the transformation of lawsuit pattern,the concept of procedural justice,the disciplinary mechanism of judges,the procedural objection system and so on.The fourth part analyses the specific idea of building the right of exception in Civil Procedure in China,including the specific elements,procedural rules and final results of this right.