Research Of Civil Procedure Legal Relations With Corporatism Model’s Visual Angle

Civil Procedure level issues will eventually point to the areas of substantive law,without the basis of the legal relationship theory, talking about designing litigationproceedings system is untenable. The important issues, such as: clarify the roles ofboth parties, the distribution of obligations and rights, how to promote and develop theprocedure, hoe to find the legal truth, the judge how to form the inner belief and howto arrange the proceedings, are based on the legal relationship theory, which has thecontent of distributing obligations and rights between the judge and the parties, andbetween the parties.From the second chapter, we begin to analyze the legal relationship theory. Thenis talking about the origin and development of civil legal relations theory. First,introduces the arising of civil legal relations theory, leads to the different concepts ofcivil legal relations in different theories, and then introduces the connotation of civillegal relations; Second, introduces the overall overview of the development of thetheory of civil legal relations, highlighting the understanding of litigation legalrelations under the new Code of Germany Civil Procedure; third, the description of themutual influence between civil procedure and civil legal relationship, including: CivilProcedure decisive for civil legal relations, civil legal relations simplify the civilprocedure and the role of civil legal relations descries civil proceedings.The third chapter is the abstract of modern civil legal relations–corporatismmodel. First, introduces the meaning and basic types of civil litigation mode; Second,the historical background and basic contents of corporatism model, then compare withother models, looking for the characteristics of corporatism and the linking theory withother modes, Mainly presents in terms of cooperation and collaboration againstMarxism and Leninism debate, the right of appeal and judicial power, the conflictionand cooperation between parties; third, the theory and systems that match corporatismmodel; fourth, analysis of the effectiveness of corporatism model.The forth chapter is the penetration of corporatism model towards civil legalrelations. First, from the macro point of view, to discuss the rights and obligations between the parties and the judge. Including: the theoretical basis for the conversionand the new role of judges, the judge’s active management of the cases, the theoreticalbasis of the judge’s procedural powers; second, under corporatism model, how tore-adjust the rights and obligations of both parties, mainly debate from theperspective of the parties’ right to appeal, to study how to build the rights andobligations of the parties under the proceedings; third, make a general description ofthe legal relationship’s ideal state under corporatism model.The fifth chapter is the relationship between judges and parties under corporatismmodel. Mainly through the comparative law research methods, study rights andobligations between the judges and parties in different activities and proceedings, canbe divided into three parts: first, the relationship between judge and the parties at thepre-trial stage; Second, the relationship between the judge and the parties in trial.Including the judges’ obligations and responsibilities of directing proceedings and theparties’ obligations and responsibilities to promote proceedings; Third, the relationshipbetween the judge and the parties at the settlement (mediation) stage.Chapter VI is the relationship between the parties under corporatism model. Canalso be divided into four parts: first, the theoretical analysis of parties’ cooperation;second, the relationship between the parties at pre-trial stage, mainly talk about thecooperation of parties’ pleading claims and collect evidence, and improve ourcountry’s pleading program; third, the relationship between the parties in trial; forth,the mandatory reconciliation (mediation).