Research On The Right Of Objection In Civil Proceedings

The court is the referee of civil disputes in our country.The adjudication of disputes includes substantive adjudication and procedural matters.Moreover,with the reform of the trial methods and the expansion of theoretical research of our country,the status of the procedure has gradually been paid more and more attention,and the complicated program system puts forward higher requirements for the selection and control of the program.In the course of long-term proceedings,the rights of the parties will inevitably be subject by favorable and unfavorable consequences.The parties must be given an effective right to safeguard their procedural interests.The right of dissent in civil procedure is an effective litigation right throughout the whole process of the procedure.It has important significance for the operation of the procedure.There is a realistic need for establish and set up it.However,there is no unified regulation on the right of objection in civil procedure law in China.This paper advocates the establishment of a unified system of procedural opposition rights.The research content involves the concept and importance of procedural opposition rights,the inadequacies of procedural opposition rights in China,the extraterritorial provisions on procedural opposition rights,and the opinions on the establishment of procedural opposition rights in China.This paper analyzes China's "Civil Procedure Law" and judicial interpretation and other related laws,and finds that the legal status of procedural dissent in China's procedural opposition is unclear,the existing laws concerning the procedural opposition are scattered and narrow,no unified program rules,also the lack of relevant safeguard measures and other deficiencies.Some countries outside the region have advanced experience in the establishment of procedural opposition rights.Therefore,carefully examined,and found out what can be used for reference and learning,and combined with the reality of China,finally put forward the following suggestions.Our country should improve the legal status of procedural opposition rights,set up a unified program dissent right system,provide detailed and operative provisions on the scope of content and specific procedures,and set up corresponding safeguard measures to enable procedural opposition rights better implementation and application.Through the research content and conclusions of this paper,it is expected that the content of procedural objection rights can be enriched and abundant,and the setting and application of procedural opposition rights in practice can be promoted.