Abstract ： This paper is analysising the present of the Chinese civil action sue mainly and finding the specific method. Establishes the litigant principle the lawsuit pattern； Strengthens the related legislation and introducing legal precedent properly； Standard legal procedure. The fact evidents that the better we solve these problems the closer we go to the harmonious society for the problem which the Chinese civil action sues faced.
Key words： civil action sues present solution
In the modern China， the civil action sue has became more and more universal with the development of economy and legal system. However， because of some special national conditions" limitation such as the huge territory， the large population， etc， the Chinese civil action sues present situation is still unoptimistic. Besides some traditional problems such as the imperfect civil action sues legal system， the ancient opinion that it will be a shame thing if you bring a lawsuit with anyone constricts the common people"s thinking， etc， we also have to face more problems that are more serious and need to cope with immediately. With the public uygur power consciousness of judicial demanding increasing， the malpractice of the present civil procedure law is appearing gradually and beginning to hinder and restrict the legal system modernization process of our country. Moreover， the conflicting between the civil action legislation principles and the civil action execution of the law is also getting stronger and stronger so that some basic international civil action sues" principles could not be practiced in China， even the principles that have been included in our civil procedure law also could not be implemented very well. These cause that the public rights could not be protected easily and threatening the realization of the social justice just. While the writer is researching legal science， the civil action"s practice situation has also received the attention by the writer. According to problems above， the writer hopes to investigate civil action"s practice condition for finding the reason of malpractice and the appropriate processing mode from the own thinking to deal with them.
1.The present situation and problems
Just as we can know from what I wrote above， obviously， the civil action sues present situation of our country is not as good as we thought. Then what is the real situation that we are facing and which questions that we have to solve？
1.1 the present situation The civil action sues present situation in China is complication. Although the economy is developing much quicker than the past， the legal system can not follow the progress especially in the civil action sues field. First of all， we are lack related legislations and rules so that the litigants and the judges always have to be trapped in the situation that has no legislation or rule to use to referee the case. As a result， the power of the freedom decision after deliberating will become the key factor for the cases， therefore， it causes the corruption of judicature easily because the power of judges is too large to constrict. Moreover， because of the laws and regulations flaw， massive cases could not get the fairness and just which they should get. It also will affect the establishment of the harmonious society and the legal system modernization process. Secondly， the relating procedure is chaotic. Even if our legal system is not as perfect as the western country， at least， we should get the basic and regulated procedure for lawsuit. However， the reality is that lots of litigants have to overcome the difficulties that which kind of procedure they ought to use could be accepted by court except anything else such as the lawsuit cost， traffic condition， court jurisdiction， etc. Thirdly， the responsibility among the different institutions is not divided explicitly. Some people will get this kind of awareness that many institutions have the right to carry on the jurisdiction when they get any trouble， but no institutions would like to accept or all institutions try to accept when their applications send to them. Not only waste the massive judicial resources， but also could not protect the litigants" rights and interests in time. Fourthly， the ordinary populace lawsuit is difficult especially for the remote districts. Because of the living pace of the modern society， most people could not get enough free time for lawsuit when their rights and interests are violated， whereas， the lawsuit process is always taking long time. Hence， they have to compromise and give up the tedious lawsuit process. To the remote districts， it will be more serious. Except the traditional opinion which shames for lawsuit constricts their idea， they have to cost much money on the way to the place which the court sets on because the court will not be settled in the remote districts.
1.2 the problems
Under the situation like this， obviously， there are a lot of problems which need us to solve immediately. Then what are they？ 1.2.1 A variety of legal procedures superposes seriously
According to the reality of legislation， sometimes it is so difficult to define the category for some cases. As a result， whatever court or litigant will not know the procedure that they should use clearly. If you would like to sue somebody， you have to know which kind of procedure you ought to use for it. This is the basic condition for lawsuit. No matter how well the substantive law is in a country， their positive function will be constricted by the situation which is lack the perfect procedural law.
1.2.2 The freedom decision after deliberating the power of the judge has no limitation
Many people denounce judicial corruption in China， and ascribe to the low judge individual quality. In fact， it is biased， at least， not completely accurate. In the modern legal system， the freedom decision after deliberating the power of the judge is much larger than the western country， whereas the rule of collective responsibility gives them a full relief excuse. They are hardly response to anyone even if their decisions are really wrong.
1.2.3 Lawsuit is not independence
In the separation of powers system of the western country， the lawsuit power is independent completely and none could interfere （at least on the form）. In China， the decision is always being affected by a variety of strength. Except the administrated power， the superior court is also interfering in the lower court"s decision even if the law stipulates that among the courts has no subordinated relation. It means that the appealing will almost get a same result.
1.2.4 The public legal awareness is light
Although the developing pace of the modern China is faster and faster， most Chinese"s legal awareness is not becoming much better. On the one hand， our law system is not perfect so that the public could not know it clearly. On the other hand， the common law propaganda of the related department is not enough， therefore， the public legal awareness is light in reason.
2.Solution
Facing these problems， the writer tries to make the feasible solution to solve them.
2.1 Establishes the litigant principle the lawsuit pattern
Because the power of the judge is so strong that they could neglect any opinion from the lawyer and litigant， we have to find an efficient way to constrict it in a proper scope. Hence， the litigant principle the lawsuit pattern of western country is a good model to study. In this pattern， judge"s right is attenuated and the both litigants will get the equal lawsuit status. Moreover， the judge has to respect the opinions from the both litigants fully in decision. Their main functions are providing chance， suggestion， help， etc， for the both litigants could make deal in the legal framework. The reason why we have to constrict the power of the judge is that the first impressions are most lasting. No matter how well your professional knowledge is， it is difficult to decide anything in an objective vision especially in the complicated situation of civil action sues. Since the judge could not do everything as perfect as we think， making the both sides litigants dealing with their problem will be better to them and it is also a trend in the modern world. 2.2Strengthens the related legislation and introducing legal precedent properly
In China legal system， most problems are caused by the lacking of the related legislation. In civil action sues， the situation is complex and fast changing. It is more serious in this field than the other. Laws and regulations flaw will affect the realization of the fairness and just seriously in the society. According to it， the legislature"s next step should strengthen the related legislation. However， the legislation will not be created in a few days， because it is a serious work and has to consider the reality of the country. In this situation， the legal precedent appears its advantage. In the western country， the law of the legal precedent is much advancer than China and this pattern also has the very good effect. Hence， we could introduce the legal precedent properly because it is an easy and flexible way to legislate， which will relax the reality of legislation and strive for the time of setting up the written law.
2.3 Standard legal procedure
A variety of legal procedures superposes seriously makes the public civil action sues more and more difficult in the modern society. However， making a variety of legal procedures separating is an impossible mission in a few years， therefore， we have to get a realistic way to deal with this problem. The way that looks like feasible is making the special and specific standards which are defining the different procedures， moreover， for the complex reality， making a mixed procedure to decide those cases which are difficult to define that which procedure it should be used will be a way that sounds sarcastic to solve this kind of problem. Although it sounds ridiculous， it has feasibility in the realistic situation of Chinese legislating. Since we could not separate them clearly， solving problem during a mixed procedure will be a good choice. Of course， it is only the writer"s own immature opinion. Whether it fits for the special national situation or not， which needs the practice examination.
3.Solution"s significance
No matter how many problems which we could find in our legal system， if they are solved properly， it will have major impact to the whole society.
First and foremost， the masses will not be bothered by the endless sue and the social fairness and just will also be practiced much easier. It is an important aspect for keeping the stable of our society， moreover， it also will promote our economy efficiently because the social order will obtain the safeguard and the development of economy will get a well environment too. Secondly， the judicial resources will be saved and the judicial department could concentrate attention to do the things which are more essential. With the practicing of fairness and just， the prestige of law will increase in public and the masses also will revere it voluntarily. It benefits to save more judicial resources for establishing our legal system modernization
Thirdly， the judicial cost will also be reduced. The endless sue will not only hurt the litigants， but also the judicial department has to pay the huge price. In the past， our country never pay attention to the judicial cost， as a result， we wasted so much during trying case， so our law establishment developed slowly in the last few years. That is a reason why we have to improve this situation.
Fourthly， it benefits to promote legal system modernization.
Fifthly， it also benefits to promote legal system diversification and legal fusion， even the economic globalization. In the 21th century， our economy will connect with the other countries closer and closer. How to make our law system fitting the economic globalization will become a subject for us.
Given what I have outlined above， the present situation of the Chinese civil action sues is unoptimistic. The next work that the related organ has to do is arduous. However， we also ought to find the chance from the arduous situation. Although our country"s legislating situation about the civil action sue needs ameliorate immediately， it is also a chance for us， because we don"t need to undertake nonessential social agitation for changing legislation and the new law could be kept for a long time. What"s more， the difficulty of the establishment of the new law is quite small. In conclusion， the better we solve these problems the closer we go to the harmonious society. If we could work down to earth， the harmonious society will not be much farer away us.
Author sypnosis： Zhang Yi male born in May 1986. Qingdao university postgraduate
（作者单位：青岛大学研究生）