On Regulation Of The Power Of Litigation Command

Based on the principle of party presentation, principle of litigant requires to respect the litigants’ dominant status of the procedures, however, if the principle of party presentation to the extreme, it may bring out some problems such as litigation delay the entity unfairness, which will not only undermine the authority of the judiciary, will cause a waste of judicial resources as well。Therefore, in the establishment of the principle of party presentation, most countries also empower the judge the power of litigation command to make the appropriate treatment under various conditions in the litigation process, in order to protect the efficient conduct of litigation and entities. In the model transformation of the litigation process, many practitioners and theorists have false consciousness about civil command:"procedural error and the judge functions independently of the withdrawal" coexist in legislation. This paper first introduces some of the basic theory of litigation command, including the concept of litigation command, as well as the theoretical background and the classification of it. Secondly, on the basis of introducing typical countries’ relevant legislation of Two Legal Systems, I put forward my own views on the basic content of litigation command and its exercise boundaries. Thirdly, Analysis the problems of our litigation command system from two angles of the legislative level and judicial level. Finally, on the basis of a systematic analysis of the special legal environment in China, I put forward specific proposals for the reconstruction of our litigation command system.