Research On The Right Of Procedural Objection In Civil Procedure

Right of procedural objection is a right that a party puts forward different opinions about the people's court or the other party' s action of violating the procedural norms in order to heal procedural defects.As a Litigation right,Right of procedural objection plays an irreplaceable role in supervising the action of the court,promoting the lawful and stable operation of the proceedings,and safeguarding the procedural interests of the parties,established by every country and region in the civil law system.However,this important right has not been established in our country.All along,the legal remedies for procedural violations in our country are appeal and application for retrial,however,the legal conditions for appeal and application for retrial are extremely restrictive.According to the current civil procedure law and its judicial interpretation,only in the case of "serious violation of litigation procedure",the party is allowed to seek for relief through appeal and application for retrial.As for those general procedural defects,the law does not provide any relief measures.lt is quite embarrassing that in judicial practice,the common procedural defective behaviors frequently appear,for which the court often takes an indifferent attitude,and the parties have no other remedies,so the defective behaviors are often not corrected.The direct consequence of such a large number of illegal acts facing the lack of relief system is that the procedural interests of the parties cannot be guaranteed,thereby reducing the party's sense of trust in the litigation and undermining the credibility of the judiciary.Therefore,whether for the purpose of filling the loopholes of the system and enriching the theories,or for the consideration of guaranteeing the legal operation of the procedure and enhancing the public's trust in judicial justice,we urgently need to establish the system of procedural objection right.This paper is divided into four parts.The first part is the definition of the meaning of the right of procedural objection.Starting with the introduction of the origin of the right of procedural objection,and then sorting out the representative viewpoints of the academic circles on the meaning of the right of procedural objection,and finally puts forward some matters to be grasped in defining the right of procedural objection.On this basis,the author also expounds the nature of the right of procedural objection and the similar concept of the right of procedural objection,in order to have a further understanding of the right of procedural objection.The second part is the justification analysis of the construction of the right of procedural objection.The author discusses and analyses the justification of the construction of the right of procedural objection from three aspects:value basis,necessity of right and realistic basis,which provides sufficient reasons for the construction of the system of procedural objection in China.The third part is the basic content of the right of procedural objection.This part introduces the subject,object and time of procedural objection right,and expounds the loss and abandonment of procedural objection right in order to have a more comprehensive understanding of procedural objection right from the content.The fourth part is the assumption of constructing our country's procedural objection right system.This part is the author's system design for the future construction of China's procedural objection right,including the legislative clarity,the exercise of the elements,the exercise of the procedure,the content of the loss of right.