On The Disposal Right In Civil Litigation Of China

Justice and efficiency, as the fundamental target of China's reform on civil proceedings, involve a whole series of problems of theory and practice. Trying to balance the two values rationally is the direction of reform on civil proceedings, and first of all, the right of disposing in civil litigation and its protection is a very important issue. Scholars at home and abroad have discussed it not from the angle of theory but explanatory.The right of disposing in civil litigation means that civil litigants enjoy the interests and liberty to make decisions binding the judge and civil litigants to exercise or how to exercise the right of civil action. After having inspected the connotation, foundation and nature, the state of operation about the right in two system of law, the author takes further steps to probe into the important significance to China's reform on the civil proceedings by strengthening and protecting the right of disposing, and try to provide the foundation for the protection system of the disposal right. So, we must perfect legislation to strengthen and restrict the right of disposing rationally and construct appropriate system to fully protect it. As far as the reform on civil proceedings be concerned, it is more important to study the theory of disposal right to guide the legislation and jurisdiction.