判决背后的多方博弈——民事诉讼庭审主体互动关系分析

The Multi-party Game behind the judgment——An Analysis of the Interactive relationship between the subjects of Civil Litigation trial

从本质上讲,庭审是一种通过外界干预来化解纠纷的纠纷解决模式;而庭审中法官同原告被告之间的互动,也就是一个纠纷双方当事人在法官及庭审既定程序干预下诉求逐渐形成一致,逐步达成对纠纷结果共同预期的过程;依此逻辑,我们依照权力属性的不同将参与庭审的主体分为了法官与当事人。而民事诉讼有三个关键步骤,即:起诉、开庭与宣判,依据这三个关键节点,我们可以将庭审过程分为三个阶段:起诉与开庭之间为庭前阶段,开庭与宣判之间为庭中阶段,宣判后为判决阶段。两个主体利益诉求的不同,因此在庭审的三个阶段中会采取不同的策略,据此可以推导出民事诉讼通常可能出现的六种路径,并能够通过得以矩阵的方式推测出最为常见的一般路径;而我国民事诉讼庭审一般路径背后所反映的法官与当事人之间不平衡的权力关系,才是真正需要关心的问题。

In essence,trial is a kind of dispute resolution mode to resolve disputes through external intervention.The interaction between the judge and the plaintiff and the defendant in the trial is a process in which both parties to the dispute gradually form a consensus under the intervention of the judge and the established procedure of the trial,and gradually reach a common expectation of the outcome of the dispute.According to this logic,according to the different nature of power,the subjects participating in the trial are divided into judges and parties.There are three key steps in civil proceedings,that is,prosecution,trial and sentencing.According to these three key nodes,we can divide the trial process into three stages:the pre-trial stage between prosecution and trial,and the mid-court stage between trial and sentencing.After sentencing,it is the stage of judgment.Because of the different interest demands of the two subjects,different strategies will be adopted in the three stages of the trial,from which we can deduce six possible paths that may arise in civil proceedings.The most common general path can be inferred by the way of matrix.However,the unbalanced power relationship between the judge and the parties reflected behind the general path of civil litigation trial in our country is the problem that really needs to be concerned about.