Research On The Right To Request Civil Statutory Hearings

As a constitutional right of hearing,the most important content is the protection of the human dignity of the parties in the process of litigation.It embodies the basic principles of the country ruled by law and is the core idea of civil litigation.It means that in the process of civil action,the court gives the parties an opportunity to express their views on the issues of evidence material,facts of the case and applicable law when judging the rights,obligations and responsibilities of the parties.The right to participate effectively in court resolution of disputes.It is a basic procedural right enjoyed by all parties,and at the same time,it embodies the constitutional concept of safeguarding human rights and aims to ensure the litigant's status as the subject of litigation.In this paper,The civil legal hearing claim is more systematic and specific,including the definition of connotation,the nature of the law,the specific content,the specific scope of the right person and the significance of its realization,including the right to know,the right of statement,the right of proof,the right of respect for the opinion and so on,which should be observed by the court.This article will be the basis of the theoretical research to explore the value of the legal hearing claim on the relevant system of civil litigation.This paper analyzes the current legislative practice and civil litigation system in China,and points out the domestic constitution and the people.The deficiency in the legislation of litigation,the problems in judicial practice and the urgent need to improve the system are discussed in detail,including the legislative idea of civil action and the countermeasures to perfect the right of legal hearing request.Hope to help in the reform of the domestic civil procedure law and the sound of the theory.The legal right of hearing claims is a common rule in modern society,but our country does not pay enough attention to it,so we should make it a reality law as soon as possible,and perfect the relevant system to guarantee it.In recent years,our country's judicial credibility is not high.Through the analysis of its reasons,it is found that one of the aspects is not sufficient to guarantee the right of the legal hearing of the parties.Therefore,it is particularly important to strengthen the legal hearing of the parties in our civil litigation.Some specific provisions are given in the right to request the hearing of a certain hearing.Part of the system in the civil procedure legislation has expounded the right to request the legal hearing,but it is not perfect,and the existing provisions are not scientific.The contradiction of the system design is relatively large,for example,the application of the announcement is unreasonable and the direct delivery is not smooth;According to the exchange mechanism is not perfect;there are loopholes in the system of the time limit of proof;the judge interprets and the obligation to disclose the evidence is not comprehensive enough;the surprise judgment happens from time to time and so on.Judging from the current judicial situation in our country,our country should make clear the provisions on the legal right of hearing the request for hearing,and the construction of the system should be based on the idea that it should be clearly defined as a basic principle in the civil procedure law.And to improve its system to protect the realization of rights.The part of prior protection should perfect the current system of service and the time limit of proof,clearly implement the duty of judge,and realize the public and sound of the relevant system of judge's heart proof;the part of afterwards safeguard mainly is to perfect the domestic law The civil relief procedure in the right of hearing claims,such as the inclusion of all the contents of the infringement of the legal hearing claim right into the scope of the matter of bringing a retrial,and at the same time drawing lessons from the legislative provisions and judicial practice of other countries,and when the rights are infringed,Those who really have difficulties can apply for legal aid to protect their rights and interests,and to increase the protection of the legal right to hear requests,in order to design a more reasonable one.The operable relief system of civil procedure ensures the realization of the parties' legal right to hear requests for hearing.