New Opinion On The Adversary System In The Civil Procedure

With the continuous deepenment of judicial reform and the development of the market economy has impacted on people's sense of the law ,and the people's sense on the litigation is undergoing a tremendous change. In the Civil Procedure,the following change of the sense on the litigation of people is significant : in the civil proceedings,we need weakening the court to interfere with the proceedings,and arriving at purpose that we achieve the transition from the inquisitorial system to the adversary system. Of course ,the changes of the sense on the litigation of people will inevitably affect a specific litigation system. because the system is always in a certain form of guidance. Taking into account the complicated and civil contents of this length,I could never hope to introduce all the changes. Hence this article will talk about one of the fundamental principles of civil procedure——the adversary system to explore the specific style in China. In the light of its diferent connotations,the adversary doctrine is divided into the restrictive adversary doctrine or Verhandlungmaxime(Ver.,adversary system) and the unrestrictive adversary doctrine . The adversary doctrine of China is classified to the latter. In the light of this basic classification,this paper gives comprehensive analyses and comparisons with these two adversary doctrines from their histories,connotations to their application and theoretical foundation. Then,it discusses the reasonableness and way to establish the restrictive adversary doctrine in China,hoping to provide some references for Chinese legislation and judicial practice.