Study On Civil Litigation Conformation Of Trial Of Second Instance

Civil litigation conformation, which discusses the interrelations between the two litigious parties (including their attorneys) and between the court and litigants, is a distribution of litigation power between the court and litigants.The distribution of litigation power between the court and litigants,relations between court and litigants which resolving the dispute,purpose of the second trial in civil proceeding are the core of the civil procedure. If a country's civil litigation conformation is not perfect, distribution of litigation power between the court and litigant is not balanced, relationship between the court and litigants is unreasonable and litigation purposes is not clear, the country's civil litigation system in modern society can not completely resolve to disputes.So the civil litigation conformation should be priority at the present stage of China's deepening judicial reform.The current civil litigation conformation,which is built on the last century, the early eightiesdand formed in the early nineties, is influenced by the ideas and thoughts which is from the planned economy and The Power of the concept of the former Soviet Union State Standards. The power patterns of the existing civil litigation conformation can not meet the requirement of the realities of China's market economy mechanism for civil proceedings to resolve disputes. So I tried to find another way to change the way studying on civil litigation conformation of macro-perspective to explore the micro-perspective of civil litigation conformationtray of second istance. At first, I try to redefine the meaning of civil litigation conformation, and analyze its elements, including purpose elements, content elements and subject elements. Secondly, I Systematicly analyze the pattern Theory of civil litigation conformation, including the triangle pattern,the binary pattern,the power pattern,the litigant pattern and the cooperating pattern, make a conclusion that the existing civil litigation conformationtray of second instance is the triangle pattern and Transform from the power pattern to the litigant pattern. Then, I analyze its the advantages and disadvantages, find that its disadvantage is that content elements of civil litigation conformationtray of second instance is unbalanced. In order to solve the problem, I must fnd the theoretical basis, for improving the existing cvil litigation conformation of tray of second istance, including theory of civil litigation prpose,.principles of Procedural Subject and principles of justice and efficiency of civil lawsuit. Finally,I puts forward my own solution, including establishing the cooperating patterns of the existing civil litigation conformation of tray of second istance, enhancing procedural position of litigants and implementing principles of justice and efficiency of civil lawsuit.