辩论主义是大陆法系民事诉讼理论体系中的基本范畴,区分民事诉讼模式的基本依据。分析民事诉讼的规范、实践以及民事诉讼规范与实践的互动过程,都需要应用辩论主义这一理论工具。我国《民事诉讼法》第12条规定了民事诉讼中的辩论原则,明确规定当事人有权在民事诉讼中进行辩论。尽管辩论原则与辩论主义密切相关,不过,辩论主义与辩论原则在语义上还是有较大区别。 Argumentativeism is the basic category in the theoretical system of civil lawsuits in the civil law system and the basic basis for distinguishing the mode of civil litigation. Analysis of civil procedure norms, practices and civil procedure norms and practice of the interactive process, the need to apply the theoretical tool of debate. Article 12 of China’s Code of Civil Procedure stipulates the principle of debate in civil litigation, and clearly stipulates that the parties have the right to debate in civil litigation. Although the principle of debate is closely related to the debate, the principles of debate and debate are quite different in semantics.