Research On The System Of The Right Of Procedural Objection In Civil Procedure

The reform of the modern civil procedural law in our country by the path of "heavy entity,light procedure" of traditional litigation gradually turned to procedural rule by law and justice construction path,our country also established a relatively perfect appeal and retrial procedure afterwards relief program like extraterritorial legislation system,but the right to supervise the procedure of the program run is absent.The right of procedural objection can maintain the stability of procedure,improve the effectiveness of litigation,and achieve the purpose of civil litigation more efficient.Therefore,it is necessary to study the right of procedural objection,so as to expand the protection of procedural interests of litigants.In the civil procedure,the court dominates the process,in order to prevent the court's absolute dominant position and damage the parties' legal procedural rights,most of the country give the right of legal supervision to the parties in the court rules of the program and maintain their procedural interests powers,the power is the right of procedural objection.According to this kind of power,the parties can express their objection to the court or the other party's action of violating the litigation procedure,and dispute the effectiveness of the action.The fundamental difference between the right of procedural objection and the right of appeal,the right to reconsider,the right of retrial and the right of objection is that the right of procedural objection is about the violation of litigation by court or parties,rather than the content of action or the improper claim of litigants.The characteristics of the right of procedural objection shows the exercise of the subject,the exercise of the object for specificality,the exercise of the time for timeliness,the loss or abandon for legality.The right of procedural objection conforms to the principle of procedural subjectivity,the principle of procedural stability,and the principle of litigation economy and procedural freedom.Combined with countries outside of the legislation and the relevant theoretical research,the subjects of right of procedural objection is limited to the parties,and it is about the illegal action caused by the court or the parties,the parties must excercise the right of procedural objection in time,or they would not be entitled to excercise it in the following proceedings.As a right for parties,the parties can abandon the right of procedural objection if only the actions designed to protect the interests of the individual.As for the the legal effect of not exercising the right of procedural objection,there is difference in the two cases mentioned above.That is to say,the illegal action of the court or the parties will be cured if the parties don't excercise in time or abandon the right of procedural objection,and the action that violates the procedural will be no longer be regarded as illegal and will be valid from the beginning,the court can continue the case on the basic of this.Today,In the civil disputes cases is getting more and more,the court's trial pressure is heavy.It is very necessary to build the right of procedural objection.Because it is the necessary requirement to realize the justice of the procedure,it is the realistic need of the restriction of right and power,and it is the necessary supplement of the remedy system of litigation right.At present,although the Civil Procedure Law in China has not established the legal status of the right of procedural objection,but in the judicial practice of our country,It is very common for the parties to request a review by the court of appeal for the action of the court or the other party in violation of the processings.The theoretical research and judicial practice in foreign countries and regions on the right of procedural objection and Chinese scholars of the theoretical discussion on the construction of our procedural objection right system provides a solid foundation.Therefore,referring to foreign legislation,When the legislation is set up in our country,the legal status of the right of procedural objection and the right of procedural objection as the nature of the litigation rights of the parties should be clarified,The specific operation procedure of the right of procedural objection should include the exercise of the subject,object,way and principle of exercise,loss and abandon and the processing system,and at the same time,the second relief program of the right of procedural objection should fit into the review process,if the court delays in replying to the effect of behavior,the parties can apply for appeal and retrial procedure,and combined with the judges and court responsibility system to protect the interests of the program of the parties fully.