Procedural Fairness, Efficiency, And The Proceedings

The final aims of the civil procedure are to enable the courts to apply the relevant laws on the basis of fairness and justice so as to guarantee the individual's rights and freedoms and the safety of our society as well as maintain the public's welfares and fulfill legal orders to realize the justice of civil procedure. To achieve the objective, the persons who have the legislative power usually design a series of civil procedures which are elaborate, complete, detailed and careful in order to guarantee the justice of civil procedure. However, that the excessive pursuit of elaboration and carefulness in the civil procedures will deem to make the civil procedures indulged into the compound and complicated situations. Thus the civil procedures will be carried out so slowly and will cost more time and money. The lack of prescription will weight the burden of lawsuits and bring the disadvantages to the country and individual. Just as a legal proverb goes: Delay of justice is injustice.It is the necessary requirement for realizing the aim of civil procedure's justice to implement the litigation benefits rules in the process of legislation and execution the laws. The theoretical researches in connection with have become more and more diverse and flouring in the recent years, but they can still not come into a complete and scientific system for the shortage of the continuation of research's periods. In addition, the judicial practices in connection with in different countries also have different kinds of shortcomings and defaults due to the limitation of subjective and objective conditions.The thesis intent to begin with the litigation benefits and go on discussing the justice of procedure in the civil procedure through the methods such as analysis and authentic proof, vertical and horizontal comparing proof and exploring the interior value of jurisprudence.The introduction of the thesis introduces the relationship betweenthe litigation benefits and civil procedure's justice from the view of theory and reality in our country and the necessity to discuss the civil procedure's justice from the view of litigation benefits, that is, the intention and value for writing the thesis. Article One clarify the relationship between the litigation benefits and civil procedure's justice from the view of theory and practice and how to achieve the balance between them. For the above purpose the "lawsuit and benefit, lawsuit and justice" are introduced. Article Two theoretically analyze the value aim of civil procedure------ seeking the lawsuit benefits and achievement the civil procedure's justice, and introduce the leading doctrine-----procedure value theory on economic benefit. Article Three discuss that how the different counties carry out the lawsuit benefits rules to achieve the judicial justice in the practice of legislation and execution of the law; analyze the key points like collecting try rule, simpler civil procedure, minor amount lawsuit rules and some specific rules in the civil procedure law of P.R,China and explain the advantages and disadvantages thereof brought to litigation benefits. Article Four set forth the nine concrete suggestions and give the further analysis. The last part of the thesis summarize all contents of the thesis, set forth the writer's viewpoint and predict the near future. The main intention of the thesis is achieving the lawsuit economize, that is, spending as least as possible labor, time, charges in procedure to fulfill the rights in substantive law, which has been carried out through the thesis. Any carelessness and non-elaboration shall be modified owing to shortage of theory level and practical experience if chances are provided.