A Research On The Litigation Facilitation Obligation Of Parties In Civil Procedure

The purpose of the litigation facilitation obligation of the parties is to resolve the delay of the proceedings and realize the centralized trial.It requires the timely submission of attacking and defending methods,otherwise the parties will be punished.Civil law countries have a perfect set of the obligation,such as the content and consequences.At present,the number of cases in our country is increasing rapidly,and the abuse of power is serious.Therefore,it is necessary to improve the obligation of the parties in the promotion of litigation.This paper is divided into five parts,as follows:Part I introduces the scholars' research on the litigation facilitation obligation of the parties.Although the opinion of the scholars from the various countries is not consistent about the meaning and nature of the obligation,but they agreed that the promotion of litigation included a time-level requirement.Part II analyzes the concept of the litigation facilitation obligation of the parties.The object of this paper is limited to the litigation facilitation obligation of the litigant in the narrow sense,that is,it is only at the time level to ask the parties to timely request the attacking and defending methods.From the nature point of view,the obligation is a real litigation obligation,but at the same time is of an auxiliary obligation in the exercise of the right.From the content point of view,the obligation require the parties to timely propose the attacking and defending methods,It can be divided into general and special litigation promotion obligation.The parties who breach the duty will be punished;the most common punishment is loss.At the same time,the author analyzes the relevant provisions of the litigation facilitation obligation of parties in civil procedure in our country.Part III elaborates on the obligation to promote the litigation of the parties in theory.Although the obligation will limit the right to be heard and substantial justice,but the restriction is reasonable;the obligation is based on the coordination litigation mode,centralized trial principles,the principle of good faith,the purpose of fair andefficient and the protection of public welfare.Part IV analyzes the litigation facilitation obligation of the parties in German,Japanese and Taiwan's.The author finds that the legislation of each country gives more attention to the protection of the rights of the parties and the duties of the judges while giving the parties the obligation to promote litigation.Part V analyzes the characteristics and limitations of the litigation facilitation obligations in China.On this basis,the author think that it is necessary to configure the litigation facilitation obligation of the parties from the aspects of enriching the types of litigation promotion obligation,perfecting the judgment standard which violates the obligation of litigation promotion,and perfecting the collating procedure.At the same time,it should also protect the right of proof of the parties,to strengthen the judge in the promotion of litigation obligations.