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民事诉讼程序选择权是民事诉讼制度特有产物,它是实现司法公正、体现私权自治、提高程序效益、降低诉讼成本、达到民事诉讼目的的重要制度载体。我国当下民事诉讼理论和实务体系中,程序选择权还未得到充分的重视和体现。本文结合诉讼实务,从现状概述、改进必要及建议措施等方面对我国民事诉讼中的程序选择权进行阐述,旨在不断完善当前民事诉讼体系,进一步保障当事人各项权益,体现司法以人为本价值。
The choice of civil procedure is a peculiar product of the civil procedure system. It is an important system carrier to realize the justice of the judiciary, manifest the autonomy of private power, improve the efficiency of procedure, reduce the cost of lawsuit and reach the purpose of civil procedure. In the current theory and practice system of civil procedure in our country, the procedural option has not been paid enough attention and embodied. Based on litigation practice, this article elaborates procedural options in civil litigation in China from the aspects of status quo overview, improvement necessity and recommended measures, aiming at continuously improving the current civil litigation system, further protecting the rights and interests of all parties concerned, and embodying the people-centered value of justice.