诉讼空间简论

Towards Space of Litigation

通过诉讼法的规则设定,诉讼主体的诉讼行为和各种诉讼关系的交织形成了"诉讼空间"。诉讼空间是程序的间隔功能的延展,强调的是诉讼给人的空间感。诉讼空间具有封闭性,它具有封闭的结构和封闭结构内专属的人、物流转。同时,诉讼空间不是一个首尾相接的闭合环,它要有外界环境的人、物、信息的输入,也会有终结性的裁决和处理的输出,它强调司法诉讼的透明,它还是一个处于不断完善过程中的空间。

By procedural law, interwoven all kinds of legal action with litigation relations formates the space of litigation. The space of litigation is the expansion of interval function about procedure, and it emphasizes the feel of space that litigation brings to people. The space of litigation is closed. It has closed structure and the exclusive roles and things in the structure. At the same time, the space of litigation is not an end -to -end loop, and it is open. About this space, there are coming people, things and information from out of it, and there are exporting all kinds of judgments and verdicts. The space of litigation emphasizes the procedure transparent, and takes itself as a developing structure.