Research On The Right Of Objection In Civil Procedure

The right of civil procedure dissent is a litigation right for the parties to challenge the litigation of the people's court or the other party's violation of the litigation procedure and to correct it according to the consideration of safeguarding their own legitimate rights and interests.Although China's Civil Procedure Law has set up an after-effects relief mechanism such as appeal or retrial for serious violations of procedures,the lawsuits in the process of defamation have not been generally regulated.In the process of civil litigation,the court dominates the process.In order to prevent the monopoly of the court power,the civil law countries or regions generally give the parties the power to supervise the court-led litigation process.This power is the right of program opposition.The fundamental difference between the right of procedure discourse and the right of reconsideration,appeal and retrial is that the object of its action is only the violation of the people's court or the other party's lawsuit,and does not include the content or claim of the litigation.The right of procedural opposition is a supervisory right enjoyed by the parties in the process of proceeding.It not only protects the procedural interests of the parties,promotes the litigation economy,but also cures the libel suits that the parties are not exercising.Provide a basis for sex.Undoubtedly,the civil procedure is composed of a series of successive litigations.Among them,the illegal or misconduct of litigation is inevitable.Based on this,this paper intends to analyze the necessity and feasibility of the systematic construction of civil procedure dissent rights from the aspects of the content,claim and form of litigation.The first part mainly introduces the basic theory of civil procedure opposition rights.First of all,this paper takes several typical cases in China's civil justice practice as the starting point,and analyzes the motivation of setting up the dissent right of civil procedure in China.Due to the lack of the general rules of civil procedure dissent,the courts in the judicial practice are sloppy or understated in the proceedings of the litigation,or the handling is not uniform,which not only infringes on the procedural interests of the parties,but also damages the judicial authority.Therefore,it is necessary for China's civil procedure law to establish a special system of procedural opposition.This chapter then clarifies the concept of procedural objection.The right of civil procedure dissent has a broad and narrow sense.This paper mainly defines and analyzes it from a narrow perspective.At the same time,the right of procedure dissent and reconsideration,dissent,appeal,etc.are both related and different.By analyzing the similarities and differences of related systems,the research object of this paper can be further clarified,and it also helps the systemization of civil dissent in China..In addition,the procedural opposition system is not only a requirement for the transformation of the basic mode of civil litigation in China,but also a manifestation of the principle of party principal,the principle of procedural stability,and the principle of litigation economy.The second part mainly describes the provisions of the opposition or accountability system in various countries and regions outside the region.Affected by the concept of “retransmitting entities and light procedures”,China's Civil Procedure Law lacks corresponding regulations for illegal litigation involving only the private interests of the parties.The system of accountability is the product of the theory and practice of civil litigation in the countries or regions of the civil law system.The object of this is the lawsuits that do not involve public welfare,especially the formal level of the behavior.To a certain extent,the system of accountability of civil law countries or regions can also provide a blueprint and model for the construction of procedural opposition rights in China.The third part mainly explains the necessity and feasibility of constructing the civil procedure dissent system in China.The system of procedural opposition rights not only has the procedural rights to protect the parties,supervises the operation of civil proceedings,and cures the civil defamatory actions.At the same time,Article 101 of the Interpretation of Civil Procedure Law,the system of opposition to extraterritorial procedures and the existing The civil litigation system provides support and guarantee for the institutionalized construction of the right of procedure discourse.The fourth part analyzes the specific path of reconstructing or perfecting the right of dissent in China's civil procedure.First of all,we must clarify the macroscopic thinking of China's system of constructing civil procedure dissent,and determine the institutional model and cohesive mechanism of China's civil procedure dissent system.Secondly,we must regulate the procedural rules of civil procedure dissent.First,we must regulate the subject,object,time,and manner of the party's procedure dissenting power.For example,the object of the procedure dissent is the litigation against the arbitrary norm..Second,we must clarify the waiver and loss of rules of the procedural opposition system and limit the waiver and loss of procedural opposition.Third,we can introduce the “harmless wrong rules” of the Anglo-American legal system countries,avoid the excessive relief of the procedural rights of the parties,and maintain the stability and efficiency of the operation of the procedures.Fourth,we must clarify the handling and relief mechanisms for civil procedure dissent.Finally,we need to standardize the supporting measures of the system,such as the interpretation of the judges in the system of regulatory procedures dissent,improve the retrial of the second-instance civil trial in China,and improve the sanctions for illegal civil procedure in China.The system of procedural opposition is not only conducive to the maintenance of the legitimate rights and interests of the litigant,but also to the cure of defamation and the economic and efficiency of the litigation process.Today,with the concepts and principles of procedural fairness and procedural independence gradually being advocated and accepted,we should construct and improve China's power(profit)restriction mechanism,and gradually realize the function of the party's right to appeal against the court's judicial power and the rights of the parties.