A Review of the Principle of Discretion in China’s Civil Procedures

The principle of discretion is one of the fundamentals in civil procedure. But the present civil procedure act has super restrictions on the litigant’s disposition. As seen in the light of the peculiarity of civil procedure and the nature of civil disputes, these restrictions are all improper. It is argued that disciplinary measures should be re-understood and better implemented. The initiation and the scope of litigation procedures should be decided by the litigants. Apart from expanding the litigant’s disposition, focus should be put on the special political and legal environment of China and judges be given more right of elucidation so as to improve the efficiency of adjudication. Only in this way can the construction and operation of our civil procedure system conform to the law of civil procedure.