对我国民事程序选择权的反思与建构

现代意义上的法治本质上是人类规制自我生活的一种方式和角度,它的成长离不开以人的价值及利益为核心的人文精神底蕴.因此,法治理念指导下的制度设计,应体现以人为本的价值取向.在民事诉讼中赋予当事人程序选择权,使当事人在法律规定的范围内能自主选择纠纷解决方式,以及在解决纠纷过程中选择相关事项,不仅有利于克服民事诉讼的局限性,实现民事诉讼程序所追求的各项价值,而且由于其体现了对当事人意志的尊重,更是包含着使法治得以成长的契机.

The Self - examination and Construction of the Option of Civil Procedures In China

The modern meaning of "Rule by Law" is essentially one way by which the humankind regulates and governs themselves,what can not develop unless it contains the humanism that regards the value and interest of the human being as its center.Therefore,the design of institution under the idea of "rule by law" must reflect the orientation of humanism and respect the will of the human being.The option of civil procedures refers to the right of the concerned person to choose a certain procedure of trial.The establishment of such a right will not only help to overcome the limitations of the civil procedure,so as to fully realize the value pursued by its own,but contain possibilities for the growing up of the "rule by law" by showing respect to the litigant's choice.