Of Civil Litigation Mode Of Cooperative System

Civil procedure system is a complex system for solving civil dispute, there exist a specific operation mode in a certain civil procedure system, which not only reflects the basic relationship between subjects, but also reflects the basic characteristic of operating civil procedure system. According to traditional theory, civil litigation mode among the world can be divided into adversarial system mode and inquisitorial system mode in accordance with differences in the aspects of procedure position, role etc of the party and judge; and adversarial system can be subdivided into adversary system of Britain or America legal system and ex officio doctrine of continental legal system. The present civil procedure system in our country is established in early stage of social transformation, civil litigation mode of ex officio doctrine is chosen by us according to the particular social external environment. However, as the rapidly transforming of the society, present civil litigation mode doesn't fit with the development of the society, although the Supreme People's Court has modified the civil litigation mode through making judicial interpretation, however, is has not been solved radically. The reform of litigation mode in present civil procedure system is necessary.Early in 20th century, relevant theory of social civil litigation has been stated systematically in the works of German scholar Rodalv. Basham, for him social civil litigation is neither adversary doctrine nor the inquisitorial doctrine, the relationship between judge and the party should be a kind of interactive or coordinate relationship, and civil litigation should be the"operation community"of judge and party. Since 20th century, main countries in the world have developed the civil justice reform one after another. The reform has changed traditional civil litigation subtly, the freedom of the party is limited gradually, while the right of controlling the procedure of judge is strengthened constantly, the elements of inquisitorial system mode is put into the pure adversary system mode. The development of the theory and practice referred before is worth thinking for us who are exploring the reform of litigation mode. The author think, civil litigation mode of cooperative system, which not only absorbs the rational parts from adversary system and inquisitorial system but also fit with the feature of socialist country, is the option for the civil litigation reform.To construct civil litigation mode of cooperative system, we should carry on the reform for present civil litigation mode as the following aspects: first, restrictive debate principles should be established to strengthen the subject position and role of the party in civil litigation; second, the principle of good faith in the area of civil litigation should be established to achieve appropriate modification for restrictive debate principle; last, command power system of judge in civil litigation should be improved that can control stage of litigation effectively and reduce the violation to the party by judge's improper command, which helps litigation moves forward with positive interaction between the judge and party.