A Research On The Reform Of Civil Procedure Mode Since The Third Session Of The Eleventh Central Committee Of CPC

With the establishment and development of socialist market economy and China'sjoining of WTO, enormous changes have taken place in society, politics and economic base,on which the law depends, since the Third Session of the Eleventh Central Committee of CPC.The reform on the way of trial in people's court, started in the 1980s, has caused the reformon civil procedure mode, experiencing the developing process from practice to theory. Theinitial emphasis is put on the efficiency of actions during the reform on the way of trial.Positive and constructive exploration and reform have been done concerning the efficiency ofactions. The efficiency of civil procedure has been improved to some extent for the past twodecades. Some changes, which have been widely recognized, took place in civil procedurelaw and civil process. However, the soul of civil procedure is related to human activities,without which the civil procedure won't exist. It is impossible to understand the true essenceof the civil procedure if it deviates from the study of man's need. The innovation of the dissertation lies in the human-based research on the reform of civilprocedure mode. The theoretical criteria and fundamentals are as the following: On analyzing the relationship between man and law, Marx pointed out "man does notexist for law but the law exists for man in democratic system". That is to say, civil processlaw is to protect the citizen's human rights in the process of settling disputes among civilentities. The operation of civil procedure mode is the process of respecting and protectingcitizen's human rights. Therefore, the reform on civil procedure mode must stress on theprotection of human rights, namely, the ideas of people oriented principles and government ofthe people, which are the mission of Marxist party to serve the people heart and soul, and thespecific embodiment and the sure request in the judicial practice. Moreover, it embodies thegreat thoughts of "Three Represents" during the reform of civil procedure mode. The purposeof the reform of civil procedure mode is not only to eliminate those people don't satisfy withand people won't allow, but also to reform those don't respect people's dignity and hold uptheir legal rights and interests, in order to construct a civil procedure mode good andconvenient to the people, which enables people to have the equality in participation in civilprocedures, enjoyment of rights in civil procedures and realization of their civil rights. The American scholar John Rawls published his book A Theory of Justice in 1971. Heexpatiated on his theory of justice featuring process inclination from the angle of politics. Thetheories and hypotheses came forth constantly ever since, among which the Dignitary Theoryby Prof. Mashaw from Yale University and the Procedural Values by Laurence Summers fromCornell University in US represented most profoundly. The core of Mashaw's DignitaryTheory lies in the following: the major assessment criteria of the process justifiability dependon the extent of protection of people's dignity. The value based upon humanity embodies inthe judicial process. Mashaw's Dignitary Theory directly attacks the long accepted positivismand process instrumentalism in law circle. The Summers' theory of Procedural Values thinksthat the process value doesn't generally refer to all the criteria of value, which assesses legalproceedings, but the connotation of value lying in the process itself, not the result of theprocess. The process value emphasizes the value of the process not the result of the process.The aim is to give those, influenced by the result of the process, a deserved equal treatment.The value of the process lies in the process itself not the result. The theories of Mashaw andSummers supplement each other and form a complete system of process value theory, whichplays an irreplaceable role in studying and understanding civil procedure. When we examine the reform on civil procedure mode over the past two decades, wefind out that the people's understanding of the...