摘要
我国民事诉讼法的整体设计和具体规则表明其立法原则是国家本位主义。在此原则指导下所制定的民事诉讼法在实践中不仅导致了法院与当事人之间权利和义务失衡,助长了法官在诉讼中的专制和违法,而且也制约了法院独立行使审判权。为适应当前经济和社会需要,修改民事诉讼法必须先剔除这一立法原则,并将诉讼公正与诉讼效益确立为指导我国民事诉讼立法的原则。
The overall design and specific rule of the civil procedure law in China shows that its lawmaking principle is a state-oriented theory. Here the Civil Procedure Law was established on the basis of the principle which not only caused the imbalance of right and obligation between court and party, fostered presumption and lawbreaking of the judge, but also made courts unable to deal with the civil case independently in pracitce. To meet the need of present economy and society, it is necessary to modify the civil procedure law of our country, get rid of the above mentioned lawmaking principle, and establish the impartiality and efficiency of litigation as the lawmaking principle of civil procedure law .
出处
《山西师大学报（社会科学版）》
北大核心
2005年第5期45-47,共3页
Journal of Shanxi Normal University(Social Science Edition)
关键词
民事诉讼法
立法原则
检讨与重构
civil procedure law
lawmaking principle
examination and re-establishment
