Research Of Civil Action Mode

Since last century, International politics, economy has changed greatly. Legal consciousness of different subjects of right, freedom consciousness strengthened notably, and in the civil action which has brought lawsuit explosion, lawsuit delay ,lawsuit cost issue such as being expensive, the society required that carries on the reform to the already existing civil action mode. Various countries not only has examined the methods of the mode reform of other country, but also has reviewed deficiency of one's own mode, both "party's doctrine mode" and "functions and powers doctrine mode" are all drawing lessons from the strong point of the other side, remedying one's own deficiency.Our country's current civil action mode took shape in planned economy times, with strong d color of functions and powers doctrine. With the gradual establishment of market economy, the drawbacks of the functions and powers doctrine are prominent day by day, which conflict seriously with our country's goal of three civilizations. The eighty years of last century, the court's trial as civil adjudication method reform of starting point reform, made some actual effect, functions and powers doctrine weakened to some extent, some principles of the party's doctrine incorporated the adjudication methods that were reformed step by step, but basically keeping treating the symptoms but not the disease, it is nondescript to reform, more and more items that the rights of the party's procedure have been trampled on.During the civil suits of China, Which kind of lawsuit mode according with the request of the party's procedure rights? Different people have different views. The scholars have described many kinds of modes, some maintain that replace the functions and powers doctrine with party's doctrine, some maintain that study mixing the doctrine mode of Japan, some are still so enchanted by the functions and powers doctrine. I think, no matter which kind of mode, all should be while fully ensuring party's procedure right, regard protecting the party's legal entity right as the goal of ending. So, I attempt to study and start with from the development pulse of the typical civil action mode to foreign countries, comparing with the orbit of the mode of our country's civil action development, and that I can come up with the principles and concrete systems of civil action which are according with our society.