Harmony 'civil Model Construction

Harmony is the main rhythm of China society nowadays, however, there are still many disharmonious factors. It's necessary and pressing to construct a kind of new harmoniousism civil action mode that at the guidelines of harmonious deal, advocating cooperation and collaboration, in the country which lacks of modern litigation civilization ground, and has overemphasized authority of courts.Cooperation is the new direction of civil action in the world, it dominate the cooperative civil action mechanism, and emphasize the cooperation between the judge and the litigants. Cooperation and acceptability become the source of justice results, they make the results more accessible and acceptable. Cooperative mode has three basic characters: the judge and litigants have eaqual position in the litigation; all the participators activly cooperate with others; consider litigant self-government and procedural justice as the basic frame. Cooperation not only has reasonable inherent values, also has exterior value for essential justice. It's the consequentially demand of harmonious of nowadays society, the turnaround of litigation creed, and the modern civil procedure. It implement the transverse and lengthways information exchange of the cases, it's the only way to acess justice.Civil action mode is not only a tag but also a carrier of the country's civil action's ideal and characteristics. Cooperative civil action mode impose the procedural predominance of the adversary procedure, and admit the rational strongpoint of the inquisitorial procedure. Its operation can most protect the litigants' essential rights, actualize the procedural justice valueas well. Judges come down from altar, they have the equal position with litigants, and actively cooperate with them to promote the procedure, the court become an active forum then. Conversational mechanism has basic assuring function, it's the impetus to promote the law inovation and reformat the law system. Cooperative civil action's principles: self-government management; restrictive adversary system; equalization and complementarity; procedure dominated pursue essential justice, accelerate the litigation efficiency, reduce the litigation cost, not for the formal justic alone. Its final value intention is make the litigation more equall, enterable, just, unconstraint, fateful.Construction of harmonious civil action mode in China has history ground and accords with society actuality. Chinese civil pocedure has hereditable excellent tradition and experience, has disadvantage and weakness point witch need repaired and reinforced as well. It's important to research on cooperative civil action mechanism In the background of construct socialistic harmonious society, on the base of our country's special litigation creed and traditional culture, at the particular perspective of our society characters. the Construction of harmonious civil action mode is a macroscopical systems engineering. We must pay attention to correlative system's reformation, cultivate and evolve people's rights consciousness. It will be really implemented when people's mind, attitude,activity coincident with the new cooperative civil action mechanism. Or else, it only exist formally, can't operate essentially.