The Study About The Civil Litigation In Command Of The Proceedings

Civil litigation process is a process of interaction with the judge's party is determined by the parties and judges work together to promote. This activity is a process of establishing the civil litigation rights allocation between the parties and the judge. Such as the civil law countries as Germany, including China, and the forms of action in ancient China was used to occupying the dominance completely by judge, and controlling the whole process of litigation of the inquisitorial system, then the drawback of this model was greatly strengthened the power of the judge's occupation,but the Anglo-American countries respected adversary classical mode, the entire litigation over and controlled by the whole party, too weakened powers of judges. Therefore, the traditional mode of powers doctrine and practices litigation adversary proceedings classical models are too extreme. It is the fundamental civil disputes which will be solved ineffectively. Then, the direction of reform of civil litigation trial model is litigation in order to find a balance between the parties and the judge, the dominant powers and rights of the parties and the judge in the program properly controlled entity. Based on the mode of action of the parties, it play a more effective command of the judge's action, but not simply to weaken,, or even to deny passive command of the judge's action. The judge should have a main role in that critical, so Judge ability to exercise command over the strength of litigation affecting the efficiency of the proceedings, the legal effect and social effects, the image of the judicial authority and the courts.