Research On The Choice Of Civil Procedures

The right to choose civil procedure is a civil right which is recognized generally by all countries, its theoretical foundation is to improve public trust in civil litigation and acceptance, which is of great significance to guarantee the procedural rights of the parties. In the revision of the civil procedure law, the civil procedure option granted to parties was further expanded. On the basis of investigating the present situation and application of civil procedure right, this paper put forwards the idea of perfecting the civil procedure option to protect parties. This paper consists of four chapters.The first chapter is the basic theory of civil procedure option. This paper sum up the basic connotation of civil procedure option and demonstrates its relationship with the disposition right based on Professor Qiu Liangong's discussion about the civil procedure option. At the same time, it is reasonable to limit the right of civil procedure after the analysis of the legal basis of the right of choice of civil procedure,The second chapter is to analyze the status quo of legislation of the civil procedure right. Based on the current situation of legislation, this paper sum up the provisions relate to civil procedure right. For example, the agreement jurisdiction agreement, the right to abandon the right to appeal, agreed to choose the simple procedure, agreed to trial and the appropriate choice of experts and so on. At the same time, analyze the pros and cons of civil procedure right based on the status quo.The third chapter is to analyze the application of civil procedure right. Starting from the judicial practice in China, analyze the application of civil procedure right in the practice through the referee network and by the means of court on-site investigation. after doing the data analysis of agreement jurisdiction, summary procedure, trial mode and identification people, this paper came to the status quo of civil procedure right and the root cause of improper practice.The fourth chapter, the right of choice of civil procedure safeguard mechanism.Analyzing the status quo is right in civil procedure, the right of choice of civil procedure protection path is: first, constructing the relevant concept, which is to deepen the party integrity selection procedure as well as the concept of deepening the proper performance of the duties of judges to clarify ideas; second, building the system, from the proceedings before, improve the mechanism to ensure the procedure option in litigation and litigation and other aspects.