Analysis and Optimization of the Conversion Mechanisms of Civil Litigation Procedure
Based on the fact that different litigation procedures have different characteristics,functions,and value orientations,the existence of the conversion mechanisms of civil litigation procedures can meet the diverse pursuits of procedural interests by the parties involved.However,the examination of the judicial practice reveals that there are many realistic problems in the con-version mechanisms of civil litigation procedures,including the conversion mechanism of simplified procedures,the conversion mechanism of small claims procedures,and the conversion mechanism of ordinary procedures,which need to be optimized.The reflections on the theoretical level have made it clear that the resolution of the problems related to the conversion mechanisms of civil litigation procedures requires the premise of ensuring procedural justice,and the realization of a balance between procedural stability and procedural freedom.Then,with the guidance of such theoretical reflections,reasonable measures are proposed for op-timizing the conversion mechanisms of simplified procedures,small claims procedures,and ordinary procedures,thereby reducing the confusion in procedure application and the uncertainty of procedure conversion,fully safeguarding the litigation rights of the parties involved,and enabling them to ultimately obtain fair judgments through reasonable civil litigation procedures.
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