Study On The Reformation Of The Coordination Litigation Mode In The Harmonious Society

To set up a proper civil procedural model, to clarify the relationships between the right to file a suit and the juridical authority and to well distribute the capacity of the parties and of the court during the accusation will attribute to establishing the modernized procedure of the civil lawsuit, to improving the development of the civil suit legal system and the construction of socialism harmonious judicatory, as well as to advancing the construction of the socialism harmonious society.It has been a certain tendency for the reformation to the civil procedural model of our country, since the current situation has revealed its shortcomings, for example, in current procedural of law suit, the jury's rights largely limit that of the party's, or the substantive justice has surpassed the procedural justice, etc. Recent years, many scholars, both from the theoretical areas and the judicial execution areas, have been analyzing and studying on this issue and have put forward varieties of opinions. Some of them hold the point of view that nowadays is not the sound chance for China to choose the party doctrine litigant mode; instead, we should choose the authority doctrine litigant mode. Some come up with a kind of so-called mixed civil procedural model, that is to focus mainly on the party doctrine litigant mode while to take the authority doctrine litigant mode as supplement. And some other scholars put it that the coordination litigation mode should be adopted. This one will be the best choice for the transformation of our country's civil procedural model to reform under the guidance of both the concept of harmony and the principle of the coordination litigation mode.Coordination litigation mode refers to a new pattern of civil lawsuit, in which the judge exhibits a great initiative by exercising his authority as well as the parties, for the benefit of their own case, make adequate co-operations with the judge by fully communicating, at the same time, in order to improving effectiveness of the accusation, two sides of parties cooperate more while they antagonize each other, so that the collection of the lawsuit materials can be achieved under the execution of both the judge and the parties, as a result, the truth of the case will be accurately found, the resentment and the disputes between the parties will be completely eliminated and the civil lawsuit procedure will be largely improved. This will recover the social relationship into the original condition which the dispute has not appeared. Naturally, coordination litigation mode transforms the previous punishment judicatory into the recovery judicatory. It advocates the coordination and the cooperation between the judge and the party, and both sides of the parties in an attempt to resolve the lawsuit. It is greatly in conformity with the principle of the substantive justice and of the procedural justice. Perfectly, it fit with the standpoint of our Communist Party that governing for the people and justice for the people and has an innate superiority in the law as a harmonious ideology.Nowadays, the construction of harmonious society is going on vigorously. In this historical background, the coordination litigation mode shows its particular allure and value. It meets the demand of many aspects of politic, economy, culture, social concept, law and conforms to the development trend of the world judicatory affairs. It is bound to be the direction and an inevitable tendency of the reformation of our country's civil procedure model.The author considers that it is a key issue, in the reformation of the present civil procedure model, to reconstruct our civil procedure patterns, with a rational objective scientific and rigorous attitude, by taking in and drawing references from the reasonable core of the coordination litigation mode.