民事诉讼当事人主体地位的程序保障

Procedural Guarantee for the Parties' Initiative in Civil Action

文章结合民事诉讼的机理论证了当事人程序主体地位的合理性 ,分析了不同民事诉讼模式中当事人诉讼主体地位的差异 ,着重考察了我国民事诉讼当事人诉讼地位的发展概况 。

In the light of the principle of civil action, the author thinks the parties' initiative is essential in the judicial process. He analyses the difference between the two main legal systems about how to treat both parties as subjects of the procedure. The development of the parties' influence on civil procedure in China is also discussed. The means of procedural guarantee for the parties' initiative in civil action is theoretically provided for judicial practice accordingly.