强化民事第一审程序:原理、路径与方法

Enforcement of Civil Procedure of First Instance: Principle,Route and Method

第一审程序是整个民事审判程序的基础,充实第一审程序,有利于保障当事人充分行使诉讼权利、有利于提高法院民事审判的质量和效率。当下,有必要通过完善民事诉讼的程序规则,使法官和当事人协同促进诉讼来加强第一审程序。向后挪动允许当事人提交证据资料、增加或变更诉讼请求、提起反诉的时间界限,允许当事人提起预备之诉,强化法官的阐明义务,坚持"适时提出主义",是强化第一审程序的具体措施。

The procedure of first instance is the basis of civil trial procedure,and to replenish the procedure of first instance is good for the parties to fully conduct their lawsuit right as well as good for increasing the quality and efficiency of the civil trial by the court.At present,it is necessary to improve the rule of civil lawsuit procedure so as to coordinate the judge and the party in improving the lawsuit for enhancing the procedure of first instance.The specific measures to strengthen the procedure of first instance are to allow the party to deliver the proof material,to allow the party to increase or change the lawsuit request or the time limit to propose anti-lawsuit,to allow the party to propose provision lawsuit,to strengthen the judge's duty,and to stick to 'proposition at proper time'.