以现代庭审理论为基础的民事诉讼实践教学

Practical Teaching of Civil Litigation Based on the Theories of Modern Court Trial

民事诉讼的实践教学需要以高质量的诉讼活动来提供实践案例支持。我国当前的民事诉讼实践教学的智识获得感不强,效果不佳。20世纪以来,现代庭审理论的实践运用给大陆法系民事诉讼程序带来结构性变革,已被实践经验证实符合司法规律且有助于提高民事诉讼的审判质效。我国应当引入现代庭审理论来改造当前的民事诉讼庭审方式,并将其融入法律实践教学,推动民事诉讼实践教学的发展。

The practical teaching of civil proceedings needs to be supported by real cases from high⁃quality litigation activities.At present,there are some problems in China􀆳s civil litigation,such as the excessively procedure⁃driven court trial and its low transparency,which leads to the weak sense of intellectual acquisition and poor effect in practical teaching.Since the 20th century,the application of the theories of modern court trial in practice has brought structural changes to civil litigation procedures in civil law system,which has been proved by practical experience to be consistent with judicial rules and help improve the quality and efficiency of civil litigation trails.China should introduce theories of modern trial to transform the current civil litigation trial mode,and integrate it into legal practice education to promote the development of practical teaching related to civil litigation.