New Theory Of Debate Principle In Civil Procedure Law

Debate Principle is a basic principle in china's civil procedure law, whichpenetrates the whole process of civil procedure. Regarding fundamentality of itscontent and the thorough implementation of its efficiency, the relationship betweenthe court and the client is involved and their basic functions and positions should bedivided clearly. Debate Principle endows clients with the initiative right to the sourceof lawsuit data by which the court makes judgment, which can make a reasonablelimitation of authority between the court and the client in order to realize thecredibility of the civil trial. The theory study on Debate Principle abroad settled thebasis for the realization of the goal. Working on the strengthening the leadingauthority of the party concerned, and redefining the direction to clarify the authoritybetween the court and the party concerned, the author mainly analyzed the concreteapplication of the Debate Principle in china, and put forward some proposals on thespecific institutions when applying to the Debate Principle, the final goal is toestablish a new-style Debate Principle with binding force in hope for some assistanceto consummate the legislation of civil lawsuit.