Study On The System Of Civil Litigants' Appearance In Court

The system of personal attendance of the parties in court of civil procedure plays an important role in common property litigation which facts of the case are highly controversial and domestic proceedings.Currently legislative provisions on the system of personal attendance of the parties in court of civil procedure are scattered and disorderly,they have the problems of ambiguity and difficulty in application as well.The system of personal attendance of the parties in court.What's more,necessity and significance of the system have not been given enough attention.This article is based on the overall construction of the system,by comparing and analyzing of existing legislation of our country and extraterritorial legislation,linking case study,combining theoretical analysis with empirical analysis,exploring the problems of the system,and trying to give suggestions on the improvement of relevant legislation and practical work.The main body of this article is divided into four parts.The first part,theoretical overview of the system of personal attendance of the parties in court of civil procedure.This piece is subdivided into 3 sections.First,the concept of personal attendance of the parties in court.Second,the necessity of personal attendance of the parties in court.On the one hand,it discusses the necessity of personal attendance of the parties in court in common property litigation.For example,it helps judges to find out the facts of cases in timely and accurate way,enhances the party's identity with the judgment.On the other hand,it discusses the necessity of personal attendance of the parties in court in domestic proceedings.For example,it helps parties to repair their feelings,resolve the contradiction of family affairs thoroughly,and it helps judges to explore objective truth and make a fair judgement.Third,theoretical basis of the system.It is mainly discussed from two angles:the legal basis and the psychological basis.The second part is about the research on the system of personal attendance of the parties in court of other countries or regions.This part investigates the legislative situation of the system of personal attendance of the parties in France,Germany.Japan and Taiwan of China,with making a comparison and summary,and finally achieves the goal of providing appropriate reference for the current situation of legislation and judicature in our country.The third part is about the analysis on the system of personal attendance of the parties in court of our country.This piece is subdivided into 2 sections.First The current situation of legislation and the problems existing in legislation,The source of law is mainly the relevant provisions of the civil procedure law and the judicial interpretation of the civil procedure law.The second section is to reflect the operation status of the system through empirical research and further analyze the reasons.The last part is about the conception of establishing the system of personal attendance of the parties in court of civil procedure of our country.Suggestions will be made from two perspectives,one is the improvement of the system itself,and the other is the construction of relevant supporting mechanisms.At the institutional level,the measures to improve the system include:clarifying the situation and consequences of the absence of the parties themselves,perfecting the legislative provisions on the statements of the parties and the inquiry system of the parties,and reconstructing the lenient and rigorous system of evidence loss of rights.Relevant supporting mechanisms include:building a flexible trial mode for the parties themselves to appear in court,improving the service system to standardize court service procedures.