民事诉讼中当事人与法官关系的探讨

The Discussion Between the Litigant and the Judge in the Civil Action

民事诉讼中当事人与法官关系问题是民事诉讼的核心。鉴于我国立法与司法实践中还存在的诸多问题,文章认为,首先应从观念上摆正二者关系,确立审判权是诉权辅助之观念;然后在具体制度上,改革现有的撤诉、上诉、再审的相关制度,确立新的调查取证规则,进一步规范和细化法官庭审引导权的行使等。

In the civil action, the relationship between the litigant and the judge is the civil action core problem. Since there are some problems in China＇ s legislation and judicial practice, the paper proposed some suggestions. First, we should correct the relation between them,and set up the concept that jurisdiction is the assistant of lawsuit. In terms of system ,we should change the related laws of appealing and withdrawing. It is also suggested that new investigation rules should be established.