论民事程序选择权-诉讼法学专业论文.docxVIP

ABSTRACTWith ABSTRACT With the deepening of the revolution of the civiI trail paEern and the expanding of the researches on the civi||itigation theory,it has been generally acknowledged on the issue of partiers procedu re status and others related with the principle by the legaI theory circle and iudicia} practical circle．The civiI procedure option is not only a betfer way to realize and compensate the partier’s person and property rights and interests which are injured，but also a manifestation of partier’s procedure status． Based on the procedure option，the partier is allowed to choose the specific way of dispute solution according to the Iype，the characteristic，the nature of dispute and the purpose after dispute arises．In order to resolve disputes in a more fair and efficient way．to have extensive procedure options in the process of single case will help the partier to balance between discovering truth and promoting Iitigation and to avoid unnecessa ry damages on their person and property rights and interests which are beyond the object So the procedure option should be established and perfected ln our Iegislation of civil litigation This article which centers on the issue of civil procedure option is divided into four parts as foIlows： Jn the first part．it gives us a brief introduction of the civil procedure option including the definition of the concept and the characteristics in the angle of the body．the natu re and the existing basis of the right as well as the scope of the right and optional procedure in seven parts．This part also analyses the relationship between the procedure option and the ius disponendi pointing out the difference is that the former one focuses on efficiency while the other emphasizes on rights． The second part elaborates the theo ry foundation，value function of the procedure option as well as the birth and realization of the system，On the philosophy ground，dialectics of wilI freedom admitted the subjective of a person who can iudge and c