Safeguarding Civil Action Debate Right

The debate right in the civil litigation process has no and its realization degree, directly affect whether the parties as the main body, procedure justice justness foundation. Protection of the debate right is the proper procedure, safeguard the litigant’s main body status requirements, but also to prevent the lawsuit surprise attack, enhance the effective way of the referee confidence, more is the judgment has the legitimacy of res judicata. In this paper, from the general principle of safeguarding the right of debate, focusing on China’s judicial practice for the present situation and cause analysis of the debate right guarantee, and combining with the useful experience of foreign debate right guarantee, and put forward specific measures on strengthening party debate right protection in china. Hope that through the study and description can strengthen the parties debate right understanding, and to pay more attention to the protection of the right to the debate in the future study and work.