西南石油大学学报(社会科学版) ›› 2013, Vol. 15 ›› Issue (5): 50-57.DOI: 10.3863/j.issn.1674-5094.2013.05.010

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Progressive Purpose View of Civil Litigation

SONG Chun-long   

  1. Graduate School,East China University of Political Science and Law,Shanghai 200050,China
  • Online:2013-09-01 Published:2013-09-01

Abstract:

The subjects of civil litigation pursue three kinds of litigation values: internal main subjects pursue the efficiency of lawsuit and litigation justice,and the creator of civil litigation system pursues comprehensive benefit. With the final solution of civil disputes as the purpose of civil litigation,the three values can be achieved in the theory system. In practice,with the terminal solution of civil disputes as the purpose of civil litigation,judges may actively exercise discretion,and improve judicial efficiency and make up the loopholes in law. Therefore,the justiciability of civil disputes can be highlighted,and system construction strengthened by way of civil litigation,and the interference with civil judgments from other regulations and systems can be avoided.
 

Key words: civil litigation, civil litigation purposes, civil litigation value, civil litigation function, dispute settlement finality