论文部分内容阅读
我国民事诉讼法修改讨论逐步深入,对大改还是小改,理论界和实务界争执颇大。笔者认为民事诉讼应该小改。在我国,通过对民诉法的局部性修订固定多年来我国民事审判改革取得的成果和最高院以判例而不是立法式的司法解释来补正现行民诉法的不足是可行之路。
The discussion on the revision of the Civil Procedure Law of our country has been gradually deepened, and there has been a lot of controversy over the drastic changes or minor changes in the theoretical and practical circles. I believe that civil litigation should be a small change. In our country, it is a feasible way to remedy the deficiency of current civil procedure law through the partial revision of Civil Procedure Law and the achievements made in the civil trial reform in our country over the years, and the judicial interpretation of the Supreme People’s Court by the jurisprudence rather than the legislation.