我国民事诉讼争点整理制度的完善——以庭审优质化为研究视域

On the Improvement of the Issue Arrangement of Civil Procedure in China from the Perspective of High-quality Court Trial

民事诉讼庭审优质化改革对争点整理制度提出了更高要求,但目前我国民事诉讼争点整理制度存在争点整理主体不明确、客体不全面、效力不确定以及适用范围较模糊等问题。这主要缘于相关理论研究不够深入、立法本身存在缺陷、司法实践不够重视等。应立足于当下我国司法生态实际,完善争点整理立法,确定法官角色定位,明确争点整理效力,制定详细适用范围,以期高质效发挥我国民事诉讼争点整理制度功效。

The high-quality reform of civil action trial puts forward higher requirements for the issue arrangement system,but there still are some problems such as unclear subject of issue arrangement,the incomplete object,the dissatisfied actual effect and the indefinite scope of the procedure.The main reasons are that relevant theoretical research is not enough,the legislation is not perfect and judicial practice doesn’t pay enough attention to it.Therefore,specific measures should be taken from domestic legislation and practice,such as improving relevant legislation,clarifying the roles of judges,ensuring the actual effect of this system and detailing applicable scope,hoping that the contention arrangement system of civil action can play its role.Based on the current judicial ecological reality of China,we should improve the legislation of issue arrangement,determine the role of judges,clarify the effectiveness of issue arrangement,and formulate the detailed scope of application in order to give full play to the effectiveness of China’s civil litigation issue arrangement system with high quality and efficiency.