| The party’s right to argument of civil litigation is a basic procedural right of civil litigation.It means that the party is entitled to propose his or her own opinions and views of the case’s facts and evidence in civil litigation.However,the exercise of the party’s right to argument in the civil proceedings has not been attached importance to and the procedural guarantee of the right is not imperfect in our country.And for this,it is stipulated that the deprival of the party’s right to argument is one of the violations of legal proceedings in the Interpretations of the Supreme People’s Court Concerning the Application of the Civil Procedural Law of the People’s Republic of China and the Interpretation of the Supreme People’s Court on Several issues Concerning the Application of the Trial Supervision Procedure of the Civil Procedural Law of the People’s Republic of China,which is beneficial to guarantee the proper position of the party’s right to argument in civil proceedings.In judicial practice,the exercise of the party’s right to argument is still in trouble,such as the illegal deprival of the party’s right to argument,the party’s renunciation of the right to argument,the party’s right to argument and the contents of the evidence produced not being adopted by the judge,etc.Therefore,the civil procedure of the pre-trial remedy should be improved;the system of the lawyer’s compulsory agency of civil litigation should be applied;and the judge’s obligation to argue the contents of the party’s right to argument in the written award should be reinforced.The study of the party’s right to argue is helpful to guarantee the party’s procedural right of litigation,restrict the interference of the judge’s authoritarianism,strengthen the justice of judicial decision,and guarantee the party’s status to participate in litigation as a subject. |
