论我国民事诉讼模式

Theorizing the Civil Litigation Model of China

我国民事诉讼模式理论研究争鸣不绝,其原因是绝大部分论者都以民事诉讼结构立论,没有从民事诉讼模式本来面目展开论证。我们应当从民事诉讼的本质属性和我国经济社会的阶段性特征出发,揭示民事诉讼模式是贯穿于民事诉讼各阶段、促使民事诉讼产生、发展、变化的理论概括和思想指导,正确处理公正与效益、自由与秩序、权利与权力之间的关系,科学架构我国民事诉讼模式,以当事人主义为主,以职权主义为辅,正确引导我国民事司法体制改革。

The argument of the research and contest about Chinas civil litigation model have been improved.The reason to have formed such a result is that most of the contestants have always been contesting and making their theories on the basis of civil litigation structure,they did not theorize by the means of recognizing the civil litigation model itself.We should make it clear that the civil litigation model is one theory skeleton and thoughts guidance on base of the civil litigation essential properties and our countrys economy societys present characteristics,which penetrates through each stage of the civil litigation and make the civil litigation start,develop and change.We should deal with the correct relations between impartialities and efficiency,（between）freedom and order,（between） rights and power,construct scientifically our countrys civil litigation model,make parties dominate the civil litigation and court（namely judges） assist,the procuratorates specially supervise as necessarily,with which to lead Chinas civil judicial systems reform to the scientific direction.