民事诉讼目的之我见

My Opinion about Purpose of the Civil Lawsuit

民事诉讼目的是整个民事诉讼的门户 ,具有牵一发而动全身的重要性。它不仅直接决定了民事诉讼的构造 ,而且指引着立法和法律解释的方向。目前关于这一问题的讨论尚无定论 ,各种主张五花八门 ,莫衷一是。笔者认为 ,坚持一元论 。

The civil lawsuit purpose is the door of the whole civil lawsuit, having importance of pulling one hair and moving the whole body. It not only determines the structure of civil lawsuit directly but also guides the direction of legislating and legal explanation. There is not a final conclusion yet in the discussion about this question at present.In various kinds of advocation,which is right can't be decided according to monism.It is the key to realizing civil lawsuit purpose scientifically to object to the pluralism.