On The Pattern Of Cooperation Civil Litigation

The study of civil litigation pattern can enrich the civil litigation theories and direct the civil judicial practice. However, our domestic theoretical study has been limited in principle of litigant and authority. Domestic research pays insufficient attentions to the cooperation pattern of litigation, which is the common trend of civil litigation development in different countries at present. Under the cooperation pattern of litigation, which is a totally new civil procedure pattern, both judges and litigants could have their maximal productive effects on processing procedure. At the same time, the cooperation among litigants could push procedures.This dissertation consists of four sections: The first section introduces concepts and classifications, which are closely related to the pattern of cooperation litigation. This part also includes theoretical supports of the pattern of cooperation litigation and such pattern's value and functions. The author will mainly discuss the pattern of cooperation litigation is the trend of civil litigation development in different countries and direction of our country's future civil litigation pattern's development.The second chapter introduces work mechanism among judges and litigants, as well as between litigants themselves under cooperation litigation pattern. The cooperation litigation not only has restriction between judges and litigants,conflicts among litigants in traditional classifications, but still emphases judges and litigants. Judges and litigants are community, who will push procedures together, in the cooperation litigation The third party discuss Chinese pattern of civil litigation's features, as well as mistakes in the development of such pattern in China. This part further points out that the pattern of authority litigation and litigants litigation does not comply with Chinese civil litigation's development as well as society's development. Finally, the initial shape of cooperation litigation in civil procedure will be discussed.In the fourth section, the author analyzes that the pattern of cooperation litigation suits Chinese ideas of harmonious legal system. In addition, the author also discusses systems and procedures that should be improved in the process of building such pattern, as well as concludes that the pattern of cooperation litigation should be a new choice of our future development of civil litigation pattern.The revolution of our civil litigation pattern should conquer the defects of authority litigation pattern and should not chase for the litigants litigation pattern blindly. It is necessary to rebuild our civil litigation pattern to provide theoretical directions to the civil litigation reformation. The cooperation litigation pattern is good for the realization of litigation justness and litigation efficiency. This pattern also complies with the internal rules of civil litigation. Moreover, the cooperation litigation pattern has already become a common trend of civil litigation development in different counties, so it should be our new choice of our civil litigation pattern.