The Debate On The Civil Doctrine

China is now experiencing the transformation of the civil procedure, with the basic tendency from ex officio pattern to adversary system. During this process, the power of the judge and the right of the litigant need a rearrangement. According to the pattern of adversary system, litigant is responsible for the plea and evidence, which is called the doctrine of debate.This paper gives an overall discussion about the doctrine of debate, which concludes not only theoretical issues, but also practical problems, as well as some independent points. The paper includes three main parts: foreword, text and conclusion.The foreword describes the status and function of the doctrine of debate and the present research on it, and points out the writing purpose.The text, which has about 33,000 words, comprises four chapters and discusses several issues one by one.sChapter I: summary account of the doctrine of debate. This part introduces the concept, the basis and the scope of application of the doctrine of debate. The introduction is made from a view of comparative law, in order to make the concept clear and lay the basis for the following parts.Chapter II: theoretical basis and value of the doctrine of debate. This part emphasizes particularly on the basis in chapter I, as well as the value of the doctrine of debate. Chapter I and chapter II together form the brief introduction.Chapter III: research on relevant issues. As a basic concept in the theory of civil procedure, the doctrine of debate is related to many concepts and systems. Therefore, it's very important to make clear how they are related. This part introduces some of them, such as burden of going forward with evidence, truthfulness obligation, judge interpretation, cooperation pattern, and focuses especially on their relations with the doctrine of debate, in order to lay a foundation for the coming part.Chapter IV: rebuild the principle of debate in our civil procedure. After a brief...