Research On The System Of Lossing Rights Of The Litigant In China

Since the judicial reform of civil litigation in China in the 1980 s,the trend of civil litigation mode from authoritarianism to adversary has become increasingly fierce,the subjective status of the parties has been strengthened,and the protection of the rights of the parties has received more attention.At the same time,we should also rationally supervise and constrain the parties to exercise their rights.The system of power loss of the parties is born in this context.At present,China's Civil Procedure Law has not yet stipulated the system of loss of power of the parties.There is still little research on the theory of the loss of power of the parties in the academic circles.It is rare to raise the party's loss of power to the level of the system.This article is the spiritual result of the author's discussion on the status quo of legislation and practice of the party's system of power loss in China.At present,there are still some inadequacies in the system of party power loss in China,such as incomplete structure of the system,lack of remedy mechanism of the parties,and unclear legislation.The author believes that it is possible to follow the rules by establishing the system,set up the procedures for reconsideration of the parties,and make up for the loopholes in the legislation and improve the supporting system.Such as removing the obstacles to the construction of the party's system of loss of power.The innovation of this paper lies in the fact that the author has made a detailed analysis from the theoretical level and the system design level to the party's system of loss of power.From the phenomenon to the cause,and then from the cause to the perfection,it is interlocking.In addition,the author boldly designed and improved the perfection and development of the party's system of loss of power from the macro level and the micro level,with a view to promoting the long-term development of the party's system of loss of power in China.