论民事诉讼当事人之诉讼促进义务

Parties' Obligation of Promotion in Civil Action

随着各国以集中审理原则为目标所进行的民事案件审理制度改革的强化,相关理论的研究也不断深入。为实现集中审理,有必要课予当事人协力迅速进行诉讼之义务,促使当事人将其所掌握的事实、证据及相关诉讼资料,尽可能于诉讼程序较前阶段提出。我国对于当事人诉讼促进义务的分析和研究相对比较薄弱,在国内诸多民事诉讼相关著作与论述中,虽偶有涉及,却始终缺乏系统性阐述,文章将对我国现行民事诉讼制度的改革提供借鉴。

In the process of consolidating the reforms in civil trials aiming at the principle of concentrated trial, further relevant theoretical researches have been going deeply. In order to apply the principle of concentrated triM, the parties must be required to perform with efforts their duty to facilitate litigation and to present with the court before the trial the facts, the evidence and other relevant litigation documents at their hands. But the parties＇ duty to facilitate litigation has not been systematically elucidated in domestic literature concerning civil litigation. It is hoped this research would provide reference for the reform of the current civil litigation institution.