On The Procedural Consensus System Of Civil Procedure

In the newly revised Civil Procedure Law of our country,the procedural and consensual concept among the parties runs through the entire legal provisions.The procedural law of China's civil procedure law has affirmed the opportunity and right of the parties to civil procedure to conduct equal consultation on some procedural matters.With the development of the society and economy and the implementation of the registration system,the number of civil disputes has increased.Under these realities,it is even more necessary for the parties to give full play to their right of autonomy and disposition in the face of civil cases.In the light of the status quo of our country's legislation,the revision of the Code of Civil Procedure,both in terms of legislative value and specific legal provisions,reflects that our legislators are deepening their emphasis on the procedural and consensual system of civil procedure.At the same time,the study of the procedural desirability of civil procedural law is also conducive to the protection of litigation interests of parties,which is of practical significance.However,our country does not have a complete system of legal issues concerning the procedural conformity of civil procedure.At present,there still exist some shortcomings in the procedural consensual system of civil procedure in our country,and the procedural consensual system of civil procedure needs to be further perfected.This article briefly introduces the basic conditions of the procedural consent system in civil procedure.First of all,it introduced the concept and nature of the procedural consent system,analyzed the necessity of the procedural consent system,and also studied and analyzed the theoretical basis of the procedural consent system,mainly including the private law of public law,the principle of procedural subjectivity,Autonomy of private ownership theory.Subsequently,starting with the four representative countries,Britain,the United States,Germany and France,this paper studies the procedural desirability of extraterritorial civil procedure.On this basis,it analyzes and summarizes the enlightenment to our country from the procedural consensual system of civil procedure in other countries,that is,the system of improving procedural integrativeness of civil procedure in our country and perfecting the procedural consensual system of civilprocedure in our country.The main content of this article is to introduce the procedural laws and regulations in our country and the deficiencies,and to put forward some suggestions.The inadequacies of the procedural conciliation in our country are manifested in the existing imperfections in the procedural and consensual system,the lack of procedural and desirable forms,and the imperfect supporting measures in the procedural and consensual system.This paper puts forward some suggestions on the perfect system of civil procedural desirability,on the one hand,to improve the existing system and on the other hand,to create a new procedural consensus system.Finally,we should perfect the supporting measures of the procedural consensual system so as to perfect our procedural consensual system of civil procedure.