The 20th report of the Party proposed: "Chinese -style modernization，It is the socialist modernization led by the Communist Party of China，The common features of modernization of various countries，More Chinese characteristics based on your own national conditions。"This article intends to discuss，As far as the civil litigation system in my country is concerned，What is the common feature of the modern civil litigation system of various countries，What is Chinese characteristics based on national conditions，How to ensure the procedure protection of the parties by enhancing the parties，to realize "try to make the people feel fairness and justice in every judicial case"。

　　bet365 live casino games Main features

The civil litigation system is an important part of the modern judicial system，It is a modern state's trial right to resolve civil disputes in accordance with the law、Important means to protect the legal rights and interests of the parties。In terms of system design，Civil lawsuits are designed based on the principle of coercive resolution of disputes，Various systems and procedures in civil lawsuits，Whether it is the avoidance system、Public trial system、Reconstruction System、Trial system，Still the first instance program、The second instance program、Review procedure，The purpose is to ensure that the court can make a referee that meets the requirements of fairness and justice (especially the judgment)，That is, the court's confrontation between the parties，Get the litigation information and evidence information required by the referee，Based on this, a referee that is restrained based on the law。This is the common feature of the civil litigation system of modern countries。

China's Civil Procedure Bet365 lotto review Law of my country is required to make a prescribed procedure for litigation，It also specifies the trial procedure as its core content，After the court is required to accept the case，The principles stipulated in the Civil Procedure Law should be、System、Program for trial，It is necessary to make a referee based on the Civil Anthology Law on the basis of identifying the facts of the case。At the same time，my country's civil litigation system also attaches great importance to handling civil disputes with mediation。Focus on mediation，It is both the crystallization of the excellent legal culture of the Chinese nation，It is an excellent tradition of dealing with civil disputes in the Shaanxi -Gansu -Ninglian Revolutionary Base，It also reflects the solution to the rule of law that combines the rule of law in accordance with the rule of law in accordance with the law of the law and the country of morality。Pay attention to mediation in the lawsuit，can be described as the main feature of my country's socialist civil litigation system。and Germany、France、Different countries such as Japan，my country not only regards mediation as one of the ways of the court to exercise trial rights，And take mediation as a way to solve the judgment。my country's Civil Procedure Law not only uses a special chapter to specify the court mediation，And the entire process that runs the mediation throughout the civil litigation program，Not only in the first instance of the first instance of the entire trial procedure, the mediation before and in the complaint，And the mediation is applicable to the second instance procedure and trial supervision procedure。It can be said，Combining mediation and trial is the iconic element of the Chinese -style civil litigation system。

　　Pay attention to procedural rights protection  Improve impartiality of civil judicial

In the modern legal system，Civil Procedure Law is the procedure method，It regulates the parties bet365 live casino games and other litigation participants、The court's rights and obligations in civil litigation，How to follow civil lawsuits、Time、Step。The civil litigation system has the function of ensuring the implementation of civil and business facts such as civil and commercial actions on the one hand，On the other hand, there are procedures that have a fair and effective procedure to make the parties and the public in the lawsuit experience、Feel the justice of the judicial process itself。

Judicial fairness is divided into physical justice and procedure just，The former refers to the fairness of the referee results，The latter refers to the fairness of the litigation process。The reason why procedure is just important，On the one hand, it is because of the first problem in the lawsuit，The result of the referee needs to be obtained through the procedure; on the other hand, the procedural unjust party will greatly reduce the satisfaction of the parties to judicial，Even the party with the victory is no exception。Therefore，The court's emphasis on the protection of the right to the parties in the lawsuit is the right meaning of justice and justice。

In recent years，Chinese courts (especially grassroots courts) continue to face huge pressure on "more people and fewer cases"，The court is to cope with this challenge，You need to minimize the number of cases entering the litigation process as much as possible，Need to use as simple as possible、Efficiently trial cases that have entered the lawsuit，and the court's above demand and strengthening procedure guarantee inevitable contradictions and conflicts。In the above background，In particular, it is necessary to pay attention to the protection of the following litigation rights。

First，Prosecution right。In the various litigation rights given by the law，The right to prosecution can be described as the basic rights in the litigation right system，Therefore, strengthening procedure guarantees first to ensure the realization of the Bet365 lotto review right to prosecution。Pay attention to the protection of the right to prosecution，is the common feature of the civil litigation system of modern rule of law。In order to fulfill the state's commitment to protect the legal rights and interests of the parties in accordance with the law，Modern State is developing the "Civil Code" while developing the Civil Code，All will formulate civil proceedings to protect the parties' litigation rights，Some countries even set the realization of the right to prosecution as the constitutional obligation that the state should bear。

In my country's civil lawsuit，The right to prosecution is also highly valued by the legislature，Since the promulgation of the Civil Procedure Law (Trial) in 1982，To strengthen the protection of the right to prosecution，my country's legislature has repeatedly amended legal rules on prosecution and acceptance。In judicial practice，The Supreme People's Court implemented a case registration system to solve the problem of the party's "prosecution difficulty"，A zero tolerance attitude towards the case。As far as the moment is concerned，The relationship between the right of prosecution needs to deal with the relationship between the court's assigned mediation and the acceptance of litigation in accordance with the law。Commissioning mediation is a way to mediate the court，It means that the court assigned a case that the parties had filed a lawsuit to the invited mediation organization、Special invited mediation officer for mediation，Use the people to mediate、Industry mediation、Lawyers' mediation and other lawsuits solve disputes。Commissioning and mediation reflects the proposed by General Secretary Xi Jinping's "Persistence to keep the non -litigation dispute resolution mechanism in front"，It also demonstrates the institutional advantage of the diversified contradiction and dispute resolution mechanism under the leadership of the party committee of our country。but but，Administrative mediation must adhere to the voluntary principles stipulated bet365 live casino games in the law，Do not violate the wishes of the parties to assign。

Second，Objection right。Considering the characteristics and procedures of the procedure method itself requires the requirements of the efficiency of the efficiency，my country's Civil Procedure Law divides litigation cases into two categories: ordinary and simple (including small amounts)，and give the power to the court to the court，On the one hand，The court decides whether to apply a simple program、Small litigation procedures，Whether the first instance of the first instance of ordinary procedures is adopted by the first -instance case; on the other hand,，To ensure the parties' procedure rights，set the right to objection for the parties，It is stipulated that the parties can raise objections to the court's selection of applicable procedures。Simple program、Small procedures、The characteristics of the exclusive system are that they focus on efficiency，The procedures for the parties are relatively weak，Therefore，The court should take it seriously，instead of rejection for the purpose of the program acceleration。

third，Appeals。In the litigation system of modern countries，Empathy to the parties to appeal is a conventional arrangement，The reason why it is necessary to give the parties to the right of appeal，On the one hand, it provides legitimacy for requesting the parties to obey the court with mandatory effect，On the other hand, it is to discover and correct the errors that may exist in the trial of the lower courts.。At the same time，The higher court can also use the appeal to unify the referee scale of the lower courts in the jurisdiction。

From the perspective of the parties，The right to appeal reflects the law of the law on the party，allowing the parties to use this to challenge the wrong referee made by the court。In order to fully realize the right to appeal，Pay attention to the following questions in the current trial practice: First of all，It is not bet365 best casino games advisable to take the rejection rate with the court's trial quality and effect painting.，The higher the rejection rate of the appeal case、The lower the judgment rate of the return and the renovation rate, the better the quality and efficiency of the judgment (a certain percentage of the development rate is precisely an important sign of the normal operation of the appeal system)。Next，To prevent the trial method that does not open in order to pursue efficiency。my country's Civil Procedure Law stipulates two trial methods for appeal cases，One is the trial of the trial，Another is the scroll scroll、Investigate and ask the parties to hear the trial。Look at it from program protection，The previous way is undoubtedly fuller，This is why the Civil Procedure Law is used as a principled trial method。However, in judicial practice，Some courts save time and manpower，The method of not being tried in most or even most or even appeals cases。Last，To respect the right of consent of the parties。2021 The Civil Procedure Law stipulates that some appeal cases can also be tried in a single system，Conditions must obtain the consent of the parties。In order to adopt more system，Some courts in the second instance used the court of first instance court to consult the litigation agent's opinion to obtain an irregular approach，Some of the parties only come to the lawsuit if they appear in court and solicit opinions，These practices have not taken the right to the parties seriously。

Fundamental speaking，The purpose of establishing a civil litigation system for the state is to serve the people who appear as the parties，Therefore, whether the parties are satisfied are the important basis for judging whether the system is excellent。Procedures are a must -have for justice and justice，The court strengthened the procedure guarantee for the parties in the lawsuit，The lawsuit rights given the law to the parties can be fully exercised，It is an important measure bet365 best casino games to improve the Chinese -style civil litigation system，It is an important way to achieve the "strict and fair justice" and "striving to make the people feel fair and just" in every judicial case。

(The author is a professor at the School of Law of Nanjing Normal University、Professor of the Institute of Modernization of China Rule of Law)