民事诉讼平等原则的法哲学思考

On the Legal Qualities of the Equal Principle of Civil Lawsuit

从法理上看 ,确立当事人与法院之间、当事人与当事人之间地位平等的民事诉讼平等原则十分必要。而我国现行民诉法仅仅确立了当事人权利平等原则 ,而且也没有完全贯彻平等原则。因此 ,我国的民事诉讼平等原则应增加当事人与法院之间平等性的内容 ,并且完善我国的民事诉讼制度 。

From the legal theory, it is necessary to establish the equal principl e of civil lawsuit that possesses the equal status between a court and a party a nd between the two parties. However, the present code of civil law in China only establishes the equal principle of a right of a party and does not carry out th e equal principle completely. Accordingly, the Chinese code of civil law must in crease the equality between a party and a court and perfect our system of civil lawsuit in order to fully realize the equal principle.