Research on Market Economy and Civil Litigation Structure

Author: Gao Zhuanghua
Publisher:
Publish Date: 2006-12-01
Features: After more than a decade of highly effective reforms since 1978, China clarified in 1992 that establishing a well-functioning socialist market economy should be the main focus of reform and economic development. With the gradual establishment and improvement of the market economy, China's economy has experienced rapid development and sustained growth. This change in the social operating mechanism has led to changes in the economic system model. The economic system model restricts the legal model, and the legal model ultimately reflects the inherent requirements of the economic operating mechanism. As a dispute resolution process in social transformation—civil litigation and the civil litigation procedure law—must also reflect and adapt to this profound social transformation, embodying the objective laws of market operation mechanisms such as autonomy of will, self-responsibility, efficiency prioritization, and balancing fairness. However, the establishment and improvement of the socialist market economy system require comprehensive supporting reforms and institutional refinements, making it a complex systematic project. How the objective laws and value orientation of market economy operations are specifically reflected in the litigation process for dispute resolution is a question worth studying. The existing civil litigation system cannot fully meet the needs of the market economy. The subject status of parties and their litigation rights are not adequately respected and protected, judicial power tends to expand without effective checks, and the uncertainty of judicial grounds and liability principles raises doubts about the legitimacy of judgments. As a result, some parties may hesitate or seek alternative solutions. Civil litigation has not effectively served its role in resolving disputes, stabilizing society, and promoting economic development.