我国法官诉讼管理权的构建与完善

On Construction and Perfection of Judges' Litigant Management Authority in China

法官的诉讼管理权是与当事人的辩论权、处分权相对应的一种职权,是审判权的具体体现。它是平衡法院与当事人之间的权利的重要手段,是保证诉讼顺利进行,维护诉讼公正的重要保障。但是如今我国相关法律对法官的诉讼管理权的构建相对还是个空白。本文对诉讼管理权的概念入手,在考察了域外相关理论的基础上,结合我国的诉讼实际提出了我国的法官诉讼管理权的构建与完善。

The judge's lawsuit administrative power is a kind of functions and powers of corresponding to the party's right of debate and disposition. It is the concrete embodiment of the jurisdiction . It is an important means to balance the right between the court and party, guarantee that the lawsuit goes on smoothly and keep the lawsuit just. Relatively, the construction of the relevant lawsuit administrative power to the judge of law nowadays of our country is still a blank. Starting with the concept of the administrative power of the lawsuit, basing on investigating overseas relevant theory, combining the fact of lawsuit of our country, the text has putforward the construction and perfection of the lawsuit administrative power of the judge of our country .