The Vicissitudes Of The Principle Of Party Control And Its Reference For China's Reform Of Civil Procedure System

The Principle of Party Control is the orientation for China's reform of the concept and system of civil procedure. In recent years, western countries have experienced judicial reform against many problems such as litigation delay, substantial inequality for the parties thereto arising from the rigid and pure implementation of the principle of party control through adjusting such principle, strengthening judges' power and re-recognizing the relationship between judges and parties and reallocating the power or rights therein. In civil litigation, both judges and parties should play positive roles, strengthen judges' power while guaranteeing parties' dominating status, co-operate to seek truth of the cases and facilitate the litigation process and the quick settlement of disputes, this is called " the Principle of Harmonization". It is a new trend for the development of the principle of party control and conducive for solving the defects of the principle of party control. It has great significance to research on the cause of its vicissitudes and system reform for China's civil procedure system. This dissertation starts from the origin and reform of the principle of party control, analyze the influence imposed by the principle of harmonization upon the principle of party control, and explore the reference drawing from the contents and the relation between the two principles thereto for China's reform of civil procedure system.