The Debate On The Civil Doctrine

Debate principle is one of the fundamentals of civil procedure. According to this principle, each of litigants is entitled to provide the court with case materials of its own decision for the purpose of truth-finding, on which the power or rights shall be distributed between litigants and judiciary based. Due to impact of the mode of former USSR' civil procedure and our traditions in civil trial, the principle of debate in our civil procedure deviates from the substance of debate system. Recently, the trend in reform of civil trial patterns is strengthening protection of the litigant' s rights. Though some of reformational measures preliminarily meet the requirements of the debate system, the relevant systems established in the course of the aforesaid reform are confronted with lots of vexed problems in practice. In view of conditions above-mentioned, I' ll make some suggestions on perfection of the debate principle upon discussing the debate system in full.In the first part, expatiation on the theory of debate system, firstly, I' ll demonstrate that the principle of debate is the basis of adversary system in civil procedure in order to make out the importance of this principle; secondly, expatiate on concept, origin and content of the debate system to ground further discussion; thirdly, point out that the debate system embodies the essence of the Autonomy Principle of Private Law; lastly, make a study of the scope of the debate system in civil procedure.In the second part, study on limitation of the debate system and relevant theories, firstly, I' ll analyze shortcomings of the debate system in practice; secondly, discuss the Interpretation Right system as supplement of the debate system; thirdly, study the generation and content of Truthfulness Obligation which is considered as the amendment to the debate system; lastly, point out the relationship between cooperative system and debate system and deny the viewpoint that cooperative system can replace the debate system entirely.In the third part, study on the principle of debate in civil procedure of China, firstly, I' ll theoretically define the principle of debate in our civil procedure and discuss its embodiment in the current civil procedure system of China; secondly, differentiate the principle of debate in our civil procedure from the debate system to ground further discussion on deficiency existing in our civil procedure; lastly point out the deficiency existing in our civil procedure and its grounds.In the fourth part, reconstruction of the principle of debate in civil procedure of China- establishment of the debate system, firstly, I' ll demonstrate the necessity of establishment of the debate system in our civil procedure; secondly, discuss the value and feasibility of establishment of the debate system in our civil procedure; lastly, make suggestion on solving the related problems arising from establishment of the debate system in our civil procedure.In conclusion, I' ll emphasize significance of the debate system and point out that establishment of the debate system in our civil procedure shall not be accomplished in a short time which shall be tested both by theoretical concept and system. At last, I hope that scholars and the legal professionals shall apply themselves to establish the debate system in our civil procedure as possible as soon so that it can play its important role in practice.