On The Principle Of Cooperation In Civil Procedure

On the premise of that the party is the main body of civil procedure, cooperation is a principle under which the court, the parties, lawyers and other people involved in litigation cooperate with each other and solve the dispute harmoniously.The principle of cooperation came into being by conquering the default of the principle of debate. It is the amend to debate and isn't its denial. Under the principle, the connection between the parties isn't opposite and the court isn't indifferent, too. They will cooperate with each other. The basis function of the principle is avoiding the surprise attack on each other and maintain their equity in the court. It should become the important principle of civil procedure. As the latest development of the civil procedure theory, the principle acknowledges the main content of the debate, and on the other hand, it bears the duty of maintaining the public benefit, and is a social principle. So in my opinion, we should adopt the principle of faithfulness, make the parties bear the obligation of truth, give the court the right of interpreting, encourage the appliance of litigation contract, set up the limited evidence nullity system, and reconstruct our civil dispute settlement mechanism.