| Recently, great progress has been made in the reform of civil procedure of trial, the adversary plays more and more active part in civil action. The role of judge has been weekend, proof deadline, the exchange of proof, and the improvement of principle of proof, the civil action appears to be more skilled, more special, and more completed. This paper tries to explain the procedure of civil law and the process of civil action from the psychology of the parties which take part in civil action. Firstly, a new aspect –the casual attribution of parties on the judgment be used in the paper. I think, the casual attrition on the judgment of the parties can provides a way to make through eyes on the structure of the procedure and the working of the civil action in one country, because the psychology and action of the parties can be thought as a coming of one system or the justice process. The casual attrition of winning or losing one case is made after the civil procedure, and the answer maybe lies in the progress of civil action.When the parties think over the reasons of winning or losing one case after the judgment made of judge, this maybe a chance to find some questions lying in our civil action. If the parties be liable to attribute to judge, win or lose case, that is to say the civil action directed by the judgment. On the other hand, the parties be liable to attribute to their inner reasons, such as ability or effort, that is to say the civil action directed by the litigation. If parties think the reasons about the case don't come from litigation or not from judge, and some facts outside the civil suit decide the judgment, that is to say the civil action devices from the normal scope. Some ideas that a lawyer has no effect on the case can be heard in our country. In common law countries, the skills ,the ability and the experience of one part or his lawyer affect the judgment greatly. Even some one may find that the equal and justice no longer based on the facts an law. The most rough justice system has some deficiency in the structure ,and litigation do not know why he win the case or lose the case. Secondly, to explain some problem existing in the attribution on the case ,a new means –the theory of casual attribution be used in the paper .the casual attribution theory first appears in the psychology ,due to its effect ,it has been used in medicine , management ,education etc. in the paper ,the casual attribution can be use to solve some problems in the law suits .The theory of causal attribution has its brilliant difference in the classification of causal. it believes that, through the content of causes is various ,and unable to know all of them , but to the attributor there exists three kind of tarries : focus of causality including inner causal and outside causal ,stability of causality including stability of causal and unstability causal ,controllability of causality including controllable causal and uncontrollable causal. Certainly, this kind of classification is not absolutely but comparatively. The stability of causal decides the wish of the parties action .the controllability of causal decides what kind of feelings .For example, if one part wins the case ,he maybe attributes inner reasons ,such as his ability or his effort ,thus he will become more confidential on the action . In the following plan he will work more hard to win the case. And if he lose the case ,because of inner causal ,it will not weaken his confidence to justice .on the contrary ,attributing outside causal will have a bit more thanks to judge or more angry to judge .it is the classification of the causal that I conclude the opinion about the procedure. That's all... |
