The report bet365 free bets 20th National Congress bet365 free bets Communist Party of China proposed: "Chinese-style modernization，It is the socialist modernization led by the Communist Party of China，Having the common characteristics of modernization in all countries，More Chinese characteristics based on our own national conditions。”What this article intends to discuss is，As far as our country’s civil litigation system is concerned，What are the common characteristics of modern civil litigation systems in various countries，What are Chinese characteristics based on the country’s national conditions，And how to enhance the procedural protection for parties，To achieve "strive to make the people feel fairness and justice in every judicial case"。

　　Chinese-style bet365 free betsbet365 free bets Features

The civil litigation system is an important part bet365 free bets modern judicial system，It is the use of judicial power by modern countries to resolve civil disputes according to law、An important means to protect the legitimate civil rights and interests bet365 free bets parties。In terms of system design，Civil litigation is designed based on the principle of mandatory dispute resolution，Various systems and procedures in civil litigation，Whether it is avoidance system、Public trial system、Collegial system、Trial level system，Still the first instance procedure、Second Instance Procedure、Retrial Procedure，The purpose is to ensure that the court can make judgments (especially judgments) that meet the requirements of fairness and justice，That is, the court uses confrontation between the parties，To obtain the litigation information and evidence required to make a judgment，Make a binding judgment based on the law on this basis。This can be said to be a common feature of civil litigation systems in modern countries。

When my country’s Civil Procedure Law stipulates litigation procedures，Also stipulates the trial procedure as its core content，After requesting the court to accept the case，In accordance with the principles stipulated in the Civil Procedure Law、System、The procedure is under review，The judgment must be made in accordance with the civil substantive law on the basis of ascertaining the facts bet365 free bets case。At the same time，my country’s civil litigation system also attaches great importance to the use of mediation to handle civil disputes。Focus on mediation，It is the crystallization bet365 free bets excellent traditional legal culture bet365 free bets Chinese nation，It is the fine tradition of handling civil disputes in the Shaanxi-Gansu-Ningxia Revolutionary Base Area，It also embodies the path of rule of law with Chinese characteristics that combines the rule of law with the rule of virtue in resolving civil disputes。Pay attention to mediation in litigation，It can be said to be the main feature of our country’s socialist civil litigation system。With Germany、France、Japan and other countries are different，Our country not only regards mediation as one bet365 free bets ways for courts to exercise judicial power，And use mediation as a dispute resolution method that takes precedence over judgment。my country’s Civil Procedure Law not only stipulates court mediation in a special chapter in the first part bet365 free bets “General Provisions”，And integrate mediation throughout the entire process of civil litigation procedures，Mediation before and during litigation is not only provided for in the ordinary first-instance procedure that is the basis of all trial procedures，And apply mediation to second instance proceedings and trial supervision proceedings。It can be said，The combination of mediation and trial is the iconic element bet365 free bets Chinese civil litigation system。

　　Focus on bet365 free bets rights protection Improve bet365 free bets judicial fairness

In the modern legal system，Civil Procedure Law is a procedural law，It regulates the parties and other litigation participants、The rights and obligations bet365 free bets court in civil proceedings，How to conduct civil litigation、Time、Steps。On the one hand, the civil litigation system has the function of ensuring the implementation of civil and commercial substantive laws such as the Civil Code，On the other hand, it has the ability to set up fair and efficient procedures to make the parties involved in the litigation and the public experience it、Feel the impact bet365 free bets fairness bet365 free bets judicial process itself。

Judicial justice is divided into substantive justice and procedural justice，The former refers to the fairness bet365 free bets referee results，The latter refers to the fairness bet365 free bets litigation process。Why procedural fairness is important，On the one hand, it is because bet365 free bets procedural issues encountered in the lawsuit，Referee results need to be obtained through procedures；On the other hand, procedural unfair treatment will greatly reduce the parties’ satisfaction with justice，Even the winning party is no exception。Therefore，It is the proper meaning of fair justice for the court to pay attention to the protection bet365 free bets procedural rights bet365 free bets parties in litigation。

In recent years，Courts in our country (especially grassroots courts) continue to face the tremendous pressure of “many cases and few cases”，The courts responded to this challenge，The number of cases entering the litigation process needs to be reduced as much as possible，Need to use simplicity as much as possible、An efficient way to hear cases that have entered litigation，There are inevitably contradictions and conflicts between the above-mentioned needs bet365 free bets court and strengthening procedural guarantees。In the above context，Particular attention needs to be paid to the protection bet365 free bets following litigation rights。

　First，Right to sue。Among the various litigation rights granted to the parties by the law，The right to sue can be said to be the basic right in the litigation rights system，Therefore, to strengthen procedural protection, we first need to ensure the realization bet365 free bets right to sue。Attach importance to the protection bet365 free bets right to sue，It is a common feature bet365 free bets civil litigation system in modern countries ruled by law。In order to fulfill the country’s commitment to protect the legitimate civil rights and interests of parties in accordance with the law，When modern countries formulate the Civil Code，All will enact civil procedure laws to protect the litigious rights bet365 free bets parties，Some countries even set the realization bet365 free bets right to prosecute as a constitutional obligation that the country should undertake。

In civil litigation in my country，The right to prosecute is also highly valued by the legislative body，Since the promulgation bet365 free bets Civil Procedure Law (Trial) in 1982，To strengthen the protection bet365 free bets right to prosecute，Our country’s legislative body has revised the legal rules on prosecution and acceptance many times。In judicial practice，The Supreme People’s Court solves the problem of “difficulty in prosecuting” for parties by implementing a case registration system，Adopt a zero-tolerance attitude towards cases that are not established。For now，To protect the right to sue, it is necessary to properly handle the relationship between the court’s appointment of mediation and the acceptance of litigation in accordance with the law。Delegated mediation is a method of mediation specially invited by the court，Refers to the court assigning a case in which the parties have filed a lawsuit to a specially invited mediation organization、Specially invited mediator for mediation，To pass people’s mediation、Industry Mediation、Lawyer mediation and other non-litigation mediation methods to resolve disputes。Delegated mediation reflects General Secretary Xi Jinping’s proposition of “insisting on putting non-litigation dispute resolution mechanisms at the forefront”，It also demonstrates the institutional advantages bet365 free bets multiple conflict and dispute resolution mechanism under the leadership of our party committee。However，The implementation of delegated mediation must adhere to the voluntary principle stipulated in the law，Never delegate against the wishes bet365 free bets parties involved。

Second，Right of objection。Taking into account the characteristics bet365 free bets procedural law itself and the need for efficient execution of procedures，my country’s Civil Procedure Law divides litigation cases into two categories: ordinary and simple (including small amounts)，And give the court the power to decide what procedures to apply，On the one hand，The court decides whether summary procedure is applicable、Small claims proceedings，Whether to adopt the single-appointment system for first-instance cases that are subject to ordinary procedures；On the other hand，In order to protect the procedural rights bet365 free bets parties，Set up the right of objection for the parties，Provides that parties may object to the procedure chosen by the court。Simple procedure、Small Amount Program、The characteristic bet365 free bets sole-proprietorship system is that it focuses on efficiency，Procedural protection for parties is relatively weak，So after the parties raised objections，The court should take it seriously，It cannot be dismissed for the purpose of expediting the procedure。

Third，Right of appeal。In the bet365 free bets system of modern countries，Giving parties the right to appeal is a routine arrangement，The reason why it is necessary to give the parties the right to appeal，On the one hand, it provides legitimacy for requiring the parties to obey the mandatory ruling made by the court，On the other hand, it is to discover and correct possible errors in the lower court trials。At the same time，Superior courts can also use appeals to unify the judgment standards of lower courts within their jurisdiction。

From the perspective bet365 free bets parties involved，The right to appeal reflects the legal procedural protection for the parties，Allow parties to challenge wrong decisions made by the court。In order to make the right of appeal fully realize its function，In current trial practice, we should pay attention to the following issues: First，It is not appropriate to equate the rejection rate with the quality and effectiveness bet365 free bets court’s trials，Mechanically believe that the higher the rejection rate of appeal cases、The lower the remand and revision rate, the better the trial quality and efficiency (a certain proportion of remand and revision rate is an important indicator bet365 free bets normal operation bet365 free bets appeal system)。Secondly，We must avoid using trial methods without hearings in order to pursue efficiency。my country’s Civil Procedure Law provides for two hearing methods for appeal cases，One is to hold a court hearing，The other is to review the papers、No trial after investigating and questioning the parties。From the perspective of procedural guarantee，The former method is undoubtedly more sufficient，This is also the reason why the Civil Procedure Law regards it as a principled trial method。However, in judicial practice，Some courts save time and manpower，Adopt non-trial hearings for most or even most appeal cases。Finally，Respect the parties’ right to consent。The 2021 Civil Procedure Law stipulates that some appeal cases can also be heard under the single-appointment system，The condition is that the consent bet365 free bets parties must be obtained。In order to adopt more sole-appointment systems，Some second-instance courts adopt the irregular practice of entrusting the first-instance court to consult the litigation attorney to obtain consent when pronouncing the verdict，Some solicit opinions without explanation when only the parties themselves appear in court to participate in the litigation，None of these practices take the consent rights bet365 free bets parties seriously。

Fundamentally speaking，The purpose bet365 free bets country’s civil litigation system is to serve the people who appear as parties，Therefore, whether the parties are satisfied is an important basis for judging whether the system is excellent。Procedural fairness is an essential element of fair justice，The court strengthens procedural protection for parties in litigation，Enable the parties to fully exercise their litigation rights given by the law，It is an important measure to improve the Chinese civil litigation system，It is also an important way to realize the "strict and fair administration of justice" proposed in the report bet365 free bets 20th National Congress bet365 free bets Communist Party of China and "strive to make the people feel fairness and justice in every judicial case"。

(The author is a professor at Nanjing Normal University bet365 free bets School、Professor of China Institute of Legal Modernization)