The Principle Of Adversary System In Civil Procedure And Its Practice In China

The judge have right to control the procedure in the traditional civil structure in China, and it against the independence of parties. In recent years, along with the deepening of the reform of China's civil procedure system, the way of trial has changed from the interrogation system to the adversary system. But the principle of adversary system as a fundamental principle, reflecting the principle of party-leading, has not established completely. Combining the characteristics of the way of civil trial in our country, the paper analyzes the requirements of the principle of adversary system of pre-trial preparation procedure and trial procedure, analyzes the deviation of pre-trial procedure and trail procedure in our country, and made some suggestions to perfect the pre-trial procedure and trail procedure, and analyzes the content of judge's clarification to the pre-trial procedure and trial procedure, to make up for the defection of adversary system. Paper is divided into three parts: introduction, body and conclusion.Introduction: There are many defects in the principle of adversary system in our country; it hindered the development of civil procedure of China. In recent years, along with the reforming of the way of civil trial and the promulgating of some judicial interpretation, it has established the principle of adversary system preliminarily, but it still has many imperfections. Principle must be carried out in civil proceedings, and the requirements of the principle of adversary system should be carried out in the pre-trial procedure and trial procedure, in order to reflect the basic idea of the modern civil litigation and establish the party-leading litigation model.The body is divided into four parts:Part I: The main content and functions of the principle of adversary system. There are three parts of content, involved the fact and evidence should be proposed by theparties; the court should be restrained by self-acknowledgement of parties; the judgment of court should be restrained by the fact and evidence proposed by parties. There are three functions of the principle of adversary system: deciding the role between parties and the Court; guaranteeing the principal status of parties; preventing sudden actions of the parties, providing the necessary procedural protection to the parties; founding objective truth.Part II: The pre-trial procedure and the principle of adversary system. In this part, it analyzes the requirement of principle of adversary system to the pre-trial, deviation of pre-trial procedure in our country, and made suggestions to perfect pre-trial procedure according to the requirements of the principle of adversary system.Part III: The trial procedure and the principle of adversary system. In this part, it analyzes the requirements of the principle of adversary system to the trial procedure, deviation of trial procedure in our country, and made suggestions to perfect trial procedure according to the requirements of the principle of adversary system.Part IV: The system of judge's clarification——Supplement of the principle of adversary system. In this part, it analyzes the defections of the legislative and judicial practice on the system of judge's clarification in China, and made suggestions to perfect the system of judge's clarification in the pre-trial procedures and court proceedings.Conclusion: The principle of adversary system is very important to the reform of civil procedure of China. It must be established as fundamental principle in our civil procedure, ensure the dominant position of parties in civil procedure, and give the parties procedural protection. The principle of adversary system must be practiced in pre-trial procedure and trial procedure. In view of the impact of system, theory and practice environment, there is a long way to go to establish the principle of adversary system completely; we need to make effort continuously.