论协作型民事诉讼主体关系

On Cooperative Relations between Subjects of a Civil Proceeding

一个典型的民事诉讼关系结构应当表现为三角形:当事人之间的关系及法院与双方当事人之间的关系。在法院与当事人之间存在着协作而非制衡的关系,这种协作关系有的国家设计为由当事人主导,有的设计为由法院主导,从抽象意义上说,这两种设计并无优劣之分,而在制度层面上,设计为当事人主导更加合理。

A typical structure of the relations in a civil proceeding should be a triangle between the parties and the court. The relations between the parties and the court should be cooperative. In some countries, the parties lead the cooperation while in other countries the court leads it. It can not be discriminated which kind is better. However, the structure of parties＇ leading is more reasonable.