论对话式裁判对民事程序瑕疵之矫治

Control Strategy to Procedure Defects in Civil Judicial

在传统"职权干预型"程序结构下,法官"独白"式裁判导致程序瑕疵案件层出不穷,引起当事人不满,备受社会质疑。从保障当事人诉讼权利和维护司法权威角度出发,程序瑕疵必须得到治理,而抑制程序瑕疵的路径,应当构建对话式裁判,确立对话理念,明确对话范围、对话程序和对话限度。从提升法官对话能力和促进当事人积极对话着手,健全配套措施,保障对话式裁判规范有效运行。

The judicial power and the right of action are in a state of imbalance under the traditional program structure of ＂authority intervention type＂, while the judges＇ verdicts which are ＂ monologue type＂ in our country lead to a phenomenon in procedural defects existing in an endless stream, which cause the parties＇ discontent, and much of the social questions. In order to guarantee the litigious rights and judicial authority, we must restrain the path to the procedural defects through the introduction of ＂dialogue＂, which need to ＂dialogue＂ type verdicts, that is to the establishment of the ＂dialogue＂ verdicts concept and to the clearing dialogue scope, procedure and limitation. Meanwhile from perfection of the parties＇ procedural rights and the judge＇ interpretation obligation, enhancing the judge＇ dialogue ability and level, and promoting the party actively dialogue, so that it ensures the effective operation of the dialogue mechanism.