Study On The Debate Principle In Civil Procedure

In recent years, with the continuous development of judicial reform, the original mode ofauthority doctrine gradually tilted to the adversary. This debate reflects the doctrine of theinitial requirements. China’s mode of civil deeply influenced by the mode of former USSR’,which led the principle of debate to deviate from the substance of debate system. Theprinciple of debate is one of the basic principles of civil. It distributes rationally the partiesand the judge’s permission, and gives the initiative rights of case materials. But the principlesof debate in China are not perfect. Although it plays a positive side，but also encounter manydifficult problems. This paper studies the principles of debate and discusses the relevant issues,in order to improve China’s principles of debate. This paper is divided into five chapters:Chapter I: Expatiation on the theory of debate system. First, explore the meaning anddevelopment of the debate principle in foreign countries; Second, analyze the meaning anddevelopment of debate principle in our country; Third, explore the functionality of the debateprinciple; Fourth, elaborate the doctrine of the debate and related concepts; Fifth, analyze theexception of the principle of debate. Chapter II: Theoretical basis of the debate principle. First,analyze several points of theoretical basis. The debate system embodies the essence of theautonomy principle of private, which reflects the principle of autonomy in private law, in linewith ideas of the debate principle; second, analyze theoretical basis of the debate principle,according to procedures and the entity. Chapter III: The content of the debate principle.Explore the content of the debate principle. Describes the scope of the debate principle,provide evidence of data collection and admission system. Chapter IV: Clarify rights system.First, this paper introduces the theoretical study of Clarify rights system, which discussesmainly the clarify. the meaning. the nature and the content; Second, analyzes the Clarify rightssystem in our country, and puts forward the suggestion to perfect the clarify rights system.Chapter V: The problems and perfection of the debate principle in our country. First, analyzethe necessity of the establishment of the debate. Second, define the debate principle and putforward the idea of the perfection of the debate principle.