The Parties In A Civil Action To Promote Obligations

High cost and litigation delay are two problems that hinder further development of civil procedure in every country. While the consciousness of right protection strengthens and the number of lawsuits soars today, the two problems are particularly serious, and prevent the goal of civil action from coming true to a large extent. In order to solve the problems many countries introduce a series of judicial reforms, among which the promoting obligations of parties are paid more attention to by both the civil law countries and the common law countries.The promoting obligations of parties in civil procedure include two aspects: the first are obligations based on time, which require the parties to take action in time; the second are obligations based on fact, which are divided into true obligation and cooperatively interpreting factual relations obligation. German is the first country that prescribes the promoting obligations in statutes, while America emphasizes the obligations during the operation of concrete institutions.The establishment of the promoting obligations of parties keeps up with the trend of the times, and has its own inevitability. The transition of people's conception on litigation is precondition. The rise of collaborative mode of litigation is institutional basis. Meanwhile, the principle of honesty and good faith provides theoretical groundwork for the promoting obligations.Although the promoting obligations of parties are not prescribed definitely in our civil procedure law, both legislation and judicial practice embody correlative contents about it, such as the provision of proof deadline. Even so, it's not enough to ensure civil proceedings go fairly, justly, quickly and efficiently. Therefore we need to improve the relevant systems and procedures, coordinate the relationship between them and then build a reasonable, complete and valid theoretical system of the promoting obligations.