A Study On The Protection Of Civil Litigation Right Of Argument

As a basic litigation right,Civil Litigation Right of Argument is also an important connotation of protecting human rights in the constitution.If the Civil Litigation Right of Argument is not guaranteed,the civil procedure will lack legitimacy,and the result of adjudication will be questioned by the parties.Whether Civil Litigation Right of Argument is guaranteed and its exercised degree are directly related to whether the party can become the subject of the procedure,whether the judge is in a neutral position,and whether the judicial procedure has a legitimate basis.It is the inherent requirement of due process to protect the litigant's Civil Litigation Right of Argument,and it is also the basis that the effective judge has the judicata power.At present,there is no clear definition of Civil Litigation Right of Argument in the legislation of our country,and there is also a lack of relevant specific system to guarantee it in judicial practice.There are also problems in the practical operation of the judicial system,such as the irregular way of service,the lack of practical function of the pre-trial preparation procedure,the non-standard interpretation of the judge,the Judge's judgment document is not reasonable enough and so on.Through the analysis of the protection of Civil Litigation Right of Argument in our country,we should clearly stipulate Civil Litigation Right of Argument in legislation,and perfect the specific safeguard system in judicial practice.First of all,the principle of binding debate should be established in legislation,the right of debate in writing should be stipulated,the scope of the subject of the right to debate should be expanded,and the corresponding system of civil case representation should be perfected.Secondly,to improve the current mode of service in our country in the aspect of Judicature,enhance the role of pre-trial preparation procedure,standardize the interpretationbehavior of judges in court,and strengthen the reasoning of judgment.Finally,to perfect the remedy system of Civil Litigation Right of Argument,for example,the content of infringement on Civil Litigation Right of Argument should be listed as the subject of retrial,and the objection system of the parties should be set up,and so on.Based on the legal analysis of Civil Litigation Right of Argument and the investigation and comparison of the status quo of the safeguard of the right to debate in the two legal systems,this paper concludes the empirical results of the construction of the safeguard system of Civil Litigation Right of Argument in China.To explore and design the basic train of thought of guaranteeing the Civil Litigation Right of Argument in our country.Combining with the characteristics of judicial practice in our country today,this paper try to establish the system of guaranteeing Civil Litigation Right of Argument according to the national conditions of our country.At the same time,it really introduces the protection of Civil Litigation Right of Argument into the field of vision of domestic legal circles,and provides a solid theoretical basis for the legal protection of the right of debate in civil litigation.Civil Litigation Right of Argument.Strengthening the protection of Civil Litigation Right of Argument will promote the acceptance,understanding and trust of the law by the public.It is also of great social significance to resolve the judicial contradictions at the present stage and to cross the gap between the judicial organs and the people.