December 23, 8:30 am，Professor Tang Weijian, doctoral supervisor at the Law School of Renmin University of China, gave an academic report entitled "The Concept of Revision of my country's Civil Procedure Law" in the 101 Lecture Hall of the Law School。The report was hosted by Professor Zhou Changjun。
Professor Tang first briefly discussed the background and current situation of the revision of the Civil Procedure Law，Then it focuses on the concept of revising the Civil Procedure Law，Points out that the new concept guiding the revision of my country’s Civil Procedure Law should be: procedural standardism、Program subject autonomy、Program contractualization and program coroperativism。
First，Professor Tang talked about the revision of the Civil Procedure Law as a hot issue in my country’s legal circles。This issue is in the construction of procedural rule of law，Discussed in the context of the proceduralization of the Constitution and the transformation of bet365 Play online gamesthe civil procedure system。In the more than 20 years of history of my country’s Civil Procedure Law，The system of civil procedure law is always changing and developing。There are many issues involved in the revision of the Civil Procedure Law，This revision mainly focuses on the two major topics of retrial procedure and execution procedure，In order to solve the two major judicial problems of "difficulty in applying for retrial" and "difficulty in execution"。
Professor Tang further pointed out that “system changes，Concept first”，Although the revision of the Civil Procedure Law covers an extremely wide range, But the most important thing is undoubtedly the transformation of the concept of litigation。According to my country’s traditional civil litigation system，The program is an attachment to the entity，The implementation of the procedure is authoritative。And some scholars criticized the "administrativeization of our country's judicial system" for damaging judicial independence，This ultimately undermines the value of the trial、The value of the program。Therefore，The general spirit of this revision of the Civil Procedure Law should be: to bring various power factors into the procedural track and restrict them，Carry out effective regulation， At the same time, fully protect the rights of the parties，That is, restricting power，Protect rights。This general spirit can be embodied in the following four concepts:
1. The concept of program standardism
The concept of program standardism,is the result of double negation，The first thing to deny is legal nihilism，Emphasize governance according to law，This is the premise。The second one is the denial of entity standardism，denies the instrumentalism of procedures、Procedural nihilism，Require the court to judge according to law。Procedural justice determines substantive justice，This is because substantive justice cannot be realized according to substantive law itself，And must be based on statutory regulations、Dueful procedures can lead to a legitimate or just result，So procedural justice is the cornerstone of substantive justice。Also，Professor Tang also bet365 Play online gamespointed out，The judgment result pursued by procedural standardism is legitimate or just，Emphasize that the correct view of referees is a manifestation of the entity standard。
2. The concept of program autonomy
The concept of procedural autonomy means that the parties are in the dominant position in the litigation legal relationship, The parties, not the court, dominate all aspects of the litigation process。Civil procedure law should be a negotiation law between the parties，Instead of trial law (and this is exactly the state of early civil procedure law in China)。The autonomy of the program requires the satisfaction of the participants of the program，That is, to establish a fair，Respecting personality，A program that provides ample opportunities for debate and expression，Enable participants’ procedural rights to a high degree、Comprehensive、Complete Guarantee。
The concept of procedural autonomy aims to promote the subject status of the parties，Emphasis on the subjectivity of the parties。The civil procedure law should reflect the subjectivity of the parties，Subjectivity is the carrier of rights，That is to say, legislation should be based on litigation rights，Litigation obligations are derived，Extensive provisions on litigation rights，Stipulate as few litigation obligations as possible，The purpose of stipulating litigation obligations is to better protect the litigation rights of the parties。So the litigation obligation must be statutory，The right to litigate should be general、Authorized。Therefore，Professor Tang pointed out that procedural legalism is only acceptable for judges，For the parties involved，Litigation rights are not enumerated enough，To solve this problem, we need to use the contract concept of the following program。
3. Concept of Contract Law of Procedure
Contractualization of procedures means that litigation procedures should reflect more options, The parties can reach consensus to form procedural rules suitable for the resolution of disputes in their individual cases，Professor Tang calls this right of the parties the right to program reconstruction。On the one hand，The parties, bet365 live casino and sports bettingnot the judge, create the rules of procedure，The rationality lies in the fact that procedural rules bind the judge and protect the parties。On the other hand，The parties shall decide according to the actual needs of the case, Rather than setting specific procedures for the general situation of dispute resolution that legislators think，This is because every case has its own uniqueness。Therefore, procedures created by the parties’ consensus will appear more legitimate than procedures in the general sense、Easier to gain recognition from the parties involved, At the same time, it can also resolve disputes more effectively。
Of course，The right to reproduce programs is not unlimited，The parties should enter the blank space in the procedural rules，Create rules within the framework of flexibility of clauses and principles。
4. The concept of program collaboration
The coordination of procedures refers to the parties between them、Between the parties and the judge、Between the litigation participants and the main subjects of the litigation、There must be cooperation between people outside the litigation and the subjects in the litigation，The key is that the parties should adopt a cooperative rather than confrontational attitude。The parties must be able to look back on the past，Seeking mutual understanding，Looking to the future。Seek common ground while reserving differences based on the principle of good faith，Enable the parties to claim true facts，Provide real evidence，Prevent、Avoid abuse of litigation rights，We must consider both the interests of the entity and the interests of the program，We must consider current interests，We must also consider future interests，We must consider both individual and collective interests。Also，The coordination of procedures is required during the litigation process，While giving full play to the leading role of the parties, we must also pay attention to the court’s organization of the parties、Coordinating and guiding role。
The concepts in the above four aspects are organically connected，The concept of program standardization、The concept of program bet365 live casino and sports bettingautonomy and the concept of program contracting are essentially a trinity of conceptual systems，Inside
