The System Of Aufklarungsreckt In The Perspective Of The Judicial Justice

With the development of the economy, the system of judicature must be accordance with the change of the economy as a part of the idea; the model of civil action in our country is in the process of transferring the doctrine of function and power to the adversary system. Whatever the model of civil action is adopt, judicial justice is the most important goal in civil action. And the realization of judicial justice depends on a lot of safeguard mechanisms.The System of Aufklarungsreckt is the most significant among those safeguard mechanisms. It does not only put judicial justice into effect, but also set judicial justice back. This paper will search the values of the Aufklarungsreckt System in the perspective of the judicial justice at first, find the problems existing in our System of Aufklarungsreckt and analyze the cause of the problems then, design a scientific System of Aufklarungsreckt to assurance the realization of judicial justice at last.Besides the introduction and the conclusion, the body of this paper has three parts: The first part studies on the relations between the judicial justice and the Aufklarungsreckt system, to search the values of the Aufklarungsreckt system in the perspective of the judicial justice; The second part elaborates the current state of the Aufklarungsreckt system in our country based on the first part, finds the problems existing in our country in the perspective of the judicial justice, then analyzes the causes which result in the problems; The third part carries on the consummation to our Aufklarungsreckt system in the perspective of the judicial justice, mainly in three aspects: the basic principle, the concrete system and the correlation necessary, and the concrete system constructs elaborates mainly in five aspects: the actor, the scope, the ways, the degree and the legal results, to conforms our Aufklarungsreckt system to the judicial justice idea better.