当事人主义与我国民事诉讼改革方向

Parties in action and the oreintation of civil action reform

通过对民事诉讼模式的特征、成因及发展的研究 ,可以发现 ,当今发达的资本主义国家的民事诉讼都采用了当事人主义 ,而我国一直采用的职权主义诉讼模式是与计划经济体制相适应的。随着社会主义市场经济在我国的逐步确立 ,职权主义诉讼模式的弊端不断显露 。

Through the study of the features,genisis and development of the model of civil action,it can can be seen that the developed capitalist countries have all adopted the model of parties in action while in China the model of functions and powers has long been employed,which used to be in conformity with the planned economy.With the establishment of socialist market economy,the model of functions and powers has become out of date.Therefore,the civil action in China must be reformed inaccordance with the needs of market economy and the model of parties in action should be adopted.