Try To Find Out And Dissect The Harmonious Pattern Of Litigation

Harmony is a new era of justice trial of guiding principles and basicrequirements, terms of pattern of litigation can not adapt to the construction ofharmonious society, harmonious justice needs, because of the adversary system thejudge ignored the facts of the case found the positive role too much emphasis on therestrictive power of judges, led to discover the purpose of real and difficult to achieverealistic, likely to cause physical injustice. In the present civil action in the field, toomuch emphasis on terms of pattern of litigation not only overwhelmed the judges, butalso affected the image of judicial neutrality, while too much emphasis on adversarysystem, is also prone to litigation delay and litigation costs as well as entities ofinjustice and other defects. Adversary model of litigation and terms of social changesin China can not meet the special needs of dispute resolutionï¼›litigation modeconversion of China's basic direction should be more adapted to our conditions of alitigation model: a harmonious pattern of litigation. It is simply out of the proceedingsto resolve disputes from a narrow perspective, the judicial proceedings as a socialwelfare system, focusing on the disputed complete digestion. Harmonious pattern oflitigation on behalf of a novel concept of justice, it reflects the parties the status ofsubstantive equality and true freedom of the parties to achieve the justice and judicialefficiency balance.The first part of this article first, a harmonious pattern of litigation, from theproposal of a harmonious pattern of litigation and the characteristics and purpose of aharmonious pattern of litigation to proceed, indicating a harmonious pattern oflitigation is consistent with China's national conditions. The second part, wrote thegeneral theory of action model and China's current litigation problems. To solve theseproblems, only the harmonious pattern of litigation. The third part shows theharmonious pattern of litigation our country the necessity and feasibility, China has aharmonious environment for the growth pattern of litigation and soil. Harmoniouspattern of litigation is important theoretical and practical significance at thebackground of establishing harmonious society in China. The fourth part of the articleis written harmony Litigation Model Construction, reconstruction of the basicprinciples of civil litigation, including the establishment of the principle of binding the debate, the principle of unlimited action, and the principle of good faith. Judgesshould also strengthen the interpretation of the law, answering questions, and judgesand parties to dialogue and exchange mechanism. Implement the transfersub-combination of judicial policy.Harmonious pattern of litigation and construction of the proposal is very timelyand necessary, no doubt, it makes us jump out of a civil action mode from the"either-or" rigid thinking, to include more Chinese elements, and thus closer to thecountry and the people the actual needs, Legal globalization, China's judicial reformprocess, we should avoid the error committed mere copycat.