On The Procedural Options Of The Litigants In Civil Lit Igation

The purpose of civil litigation is to resolve private rights disputes.Its nature essentially includes the spirit of civil substantive law-voluntary autonomy.Extending this spirit of private law autonomy to China’s civil procedure law is to give parties the right to choose procedures.With the transformation of social economy,the freedom of contract and the autonomy of private law have gradually become the basic demands of modern society for civil litigation.The concept of contractualization of civil litigation demonstrates the active role of the parties in the civil litigation process,and the idea is introduced into China ’ s civil procedure On the one hand,it embodies the development trend of the litigation model that weakens the judge ’ s power and strengthens the party ’ s subjective status.On the other hand,it also helps save judicial resources and improve litigation efficiency.This article takes the procedure selection right of civil litigants as the research object,and analyzes and studies this right through litigation contractualization.This article is divided into four chapters:Chapter one A summary of the procedural options of the parties in civil proceedings.The author summarizes the basic connotation of the parties’ right to choose from the discussion of the right of procedure by Mr.Qiu Liangong,and analyzes its nature,value,and legal principles.In addition,on the basis of analyzing the basic theory of the right to choose the procedure of the parties,he proposes Reasonable restrictions on litigant’s right to choose procedures.Chapter two Overview of Civil Litigation Contract.Based on the concept,nature,requirements,and effectiveness of the civil litigation contract,the author summarizes the close connection between the civil litigation contract and the parties’ procedural options,and then analyzes the justification of the civil litigation contract.Chapter three Analysis of the relevant provisions and applicable status of civilprocedure parties’ right to choose procedures.Based on China’s "Civil Procedure Law" and related judicial interpretations,the author summarizes the relevant provisions of the parties’ right to choose procedures,such as the option to govern the procedure by agreement,the option to apply summary procedures for consensual selection,and the option to agree to determine the expert’s procedure.Afterwards,the author proceeded from the judicial practice in China,through network surveys and on-site visits,to investigate the current status of the operation of civil litigation procedures in China ’s practice,and to analyze the crux of the poor operation of civil litigation procedures in China.That is,the parties ’integrity is lacking,the parties’ subjective consciousness is not strong,the ability to reach contracts is seriously lacking,and the system design is imperfect and unreasonable.Chapter four The perfect conception of the right of the civil litigant to choose the procedure.Based on the actual operation status of the civil litigation party’s right of choice,the author puts forward ways to improve the civil litigation party’s right of choice: first,enhance contract awareness and save litigation costs;second,scientifically configure litigation contract The scope of contractualization;third,the supporting measures to improve the right of civil litigants to choose procedures.