The Civil Litigation Right Used In Various Stage

The theory of civil litigation right is to solve the problem that why the citizen sue, and a lawsuit based on a series of derivatives throughout the theoretical system of civil litigation right, guiding different forms and various stages of civil litigation right .It is the cornerstone of civil litigation theory. In reality the study and application of the civil litigation right is far from conspicuous as its name. Because of improper understanding, people does not always want to touch this "obscure mystery" basic theories in solving the civil lawsuit practice ,but go roundabout paths and research other theories. In fact, the independent development of civil lawsuits and the theory of civil litigation is concomitant, and many theories of civil procedure are deried in the process of the development of the theory of civil litigation right. The civil litigation right is undoubtedly the most based theory, and the unignored premise of civil litigation right and the threshold that can't be passed. So that tries to avoid litigation right to study and analyzes the certain problem in civil procedure may go far away, even away from the truth.Based on the above reasons, the author try to study and analyze as the civil litigation right for the perspective and writes this article and take the contradiction between jeopardy principles and disputes that is not solved one-time as objects. The title of "the civil litigation right used in various stage " is not exist in past article about litigation, but not optional. The author gets it from the analysis about the concept and its operation characteristics of that civil litigation, to perfect the means and methods, relief to the existing contradiction between jeopardy principles and disputes that is not solved one-time.In this paper, there are more than 40,000 words, total more than 35,000 words except preface and ending words . Main contents are as follows:The first part : overview of "the civil litigation used in various stage " Because the civil litigation is a new concept, this section is designed to through the paper briefly explains the concept of civil litigation phased exercise involved and causes, the main problems and research of thinking and method lays out the general direction of the writing of this review with content, and gives the explanations for creating the concept of reason and the reasoning process .The second part : comment of civil litigation theory Beginning with the review the origin of civil litigation, this part analyzes every theory about civil litigation and summary the relationship between development vein and the theory , finding the debate among these theories and the limitation in the past study of litigation right , thus revealing the connotation and denotation and its constitutive requirements, to launch for analysis and verification of the related theory.The third part: used ways of the civil litigation right-- litigation right and sueAfter thorough analysis, the paper turns to the application field of litigation right that were analyzed, and it is also the core content of the theoretical basis. This part of the civil litigation right is discussed its mode - civil lawsuit, through comparative analysis of civil litigation right and civil lawsuit relationship, redefines the civil lawsuit, and the definition and characteristics of the litigation right , classify trial redefining, reveals the essence of civil lawsuit decision factors.The fourth part : the used range of civil litigation right– litigation right and lawsuitThis part discusses another layer meaning of the litigation right—the lawsuit. It is another base of the core ideas. The paper finds the ties between the right and lawsuit , the perspective of lawsuit important theoretical part shall be interpretation, and for some through civil litigation right this common civil lawsuit and litigation claims contrast between them, find the link, further reveal civil lawsuit and litigation claimed in the significance of right exercise.The fifth part : the civil litigation right used in various stageThis session is also in this paper, through the core part of basic theory of civil litigation right theory analysis,get the concept of the civil litigation right ,summarizes exercise category and exercise phased manner. Because the author's ability is constraint, this paper don't specific operation only for the theoretical elaboration and construction.