A Research On The Litigation Facilitation Obligation Of Parities In Civil Procedure

Under the two major requirements of justice and efficiency, each nation should attach great importance to the rights of procedure when it endeavors to discover the entity truthfulness and to protect the droits of citizens. Today, the number of litigations is soaring. Due to the problem of litigation delay, many countries make Litigation Facilitation a basic target and demand in the reform of civil judicatories reform. Among which, the most representative one is the Rule of Litigation Facilitation Obligation. The rule plays a positive role in circumventing litigation delay, improves the litigation efficiency and ensures the entity justice.Since the principle of debate evolved to the principle of cooperation, active cooperative roles played by judges and parties will facilitate litigation. New contents have been added to the Rule of Litigation Facilitation Obligation which includes general litigation facilitation obligation and cooperatively interpreting factual relations obligation.The former one means that all parties have the duty of not deliberately delaying the litigation, the latter one means that all parities have the duty to actively clarify the reality. China is undergoing from the authority system to litigantarian system. The authority system is highly efficient but impairs the justice. The passiveness of judges and abuses of litigation rights by parties involved lead to over-delay. Through elaborately analyzing the German model, this dissertation tries to preliminarily probe into the formation of Rule of Litigation Facilitation Obligation in China.