对话型民事诉讼建构诉讼法学专业论文.docxVIP

Abstract Abstract 1 1 2 2 In the period of social transformation, the function of judicature is to resolve social conflicts and to maintain social stability. The civil action is undoubtedly an important system to solve social disputes which through litigation institution achieves the rights of citizens in order to ensure the existence of the system itself and reflect the courts function to run it. Whether disputes can effectively be solved depends on whether the judicial process and its result can be accepted by parties. The intense relations between proliferations of disputes and the limit of judicial resources, between judicial efficiency and justice, and even between decisions and people’s expectation make an atmosphere in which judicature is hardly trusted. In order to achieve public acceptance of judicial decisions, it is necessary to make sure the respects which consist of substantial justice, participation and predictability of the decisions. This article intends to construct a communication type of civil action, adhering to litigation structure which is on the basis of debating doctrine, and highlights the efficient dialogue between judges and parties, which amounts to the disclosure of judges’ mental impressions and the obligation of identifying legal opinions. This type of civil action helps realize the parties full understanding of civil procedures and strikes a balance between parties who have different litigation abilities, through which the decisions would be acceptable and disputes could be solved effectively. Through the method of summarizing and comparing, this article focuses on the construction of the communication type of civil action against a background that the modes of civil action in the two main geneologies of law have been changing, and explores a structure in which the right to sue and judicial power operates smoothly and harmoniously. With this type of civil action, the dialogue between parties and judges about facts and legal opinions i