民初民事诉讼活动中的当事人

Litigants in Civil Litigations Activities in the Early Republic of China

辛亥革命后,随着社会的急剧变革,诉讼活动也发生着根本性的变化,中国的法律现代化进程在实践中启动了,标志性的变化就是在诉讼活动中,当事人的诉讼观念、诉讼活动相对于传统发生了现代化的转型。在我国传统的民事诉讼中,涉讼的当事人被称为两造,两造在诉讼中处于受动、消极的地位,法官则处于纠问、主导的地位;另外,两造之间的地位也不平等。民初,随着自由、人权、民主观念的深入传播,新的法律制度的确立,这种状况发生了转变:当事人的权利、平等意识增强;在诉讼中,诉讼地位也悄然变化;逐步实现着对自己私权的维护。

After the Revolution of 1911,along with the drastic social changes,litigations activities were undergoing fundamental changes.China's legal modernization started in practice,represented by the modernization transformation of the litigants' litigation ideas and activities.In Chinese traditional litigation activities,the litigants were called Liang Zao,who were placed on a passive position while the judge was the dominant inquisitor.And the parties involved were not equal as well.In the early Republic of China,with the spread of such ideas like liberty,human rights and democracy,and with the establishment of new legal regime,the litigants' awareness of their rights and equality increased,and their position in litigation activities improved.Gradually they began to stand up for their own rights.