The Litigation Promotes Research Obligations Of The Parties

The obligation of parties to facilitate the litigation process originated from the principle of facilitating the litigation process stipulated in Simplifications Amendment of German issued in1976. The background of this legal system is the establishment of the principle of concentrated trail. This legal obligation requires both of the parties to provide the attacking and defending methods according to the time point and scope that the proceeding stages show. And if the party does not abide by the legal duty, he/she should undertake unfavorable legal consequences. Besides of the value of promoting concentration of the trail and improving the litigation efficiency, this legal system can prevent the litigation surprise from the parties, and realize the equality in litigation. As the source and stream, the differences and similarities in legal regulation and judicial practice between German and Japan tell the background and operation mechanism of this legal system.In our country, the obligation to facilitate the litigation process manifest in the regulations of pleading process and time limit of adducing evidence. However, the practical efficacy of these two legal systems is not that satisfied, because of the defects of designing, improper practical operation, and the lack of adequate procedural protection to parties. As the procedural structure of concentrated trail has been widely acknowledged in our country, and the timely disclosure of fact and proof is inevitable the trend, there is no obstacles to require the two parties to undertake the general duty to facilitate the litigation process, with integrating current regulations. In order to perfect this legal system in our country, on the one hand, we shall enrich the types of the duty and design multiple consequences of violation, and on the other hand, we have to perfect or modify the related legal systems, such as the process of the arrangement of issue, the procedural liabilities of judge, the rights of the parties to collect evidence, and the rules of time-limit of trail.