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当事人主义与当事人进行主义是两个不同的概念,不能混淆。两大法系在民事诉讼的运作方式上有职权进行主义和当事人进行主义之别,而在审理的内容上都采取辩论主义,由当事人发挥主导权。但当今世界的两大法系都不约而同地对辩论主义进行修正,加强法官与当事人之间的协力与合作,促进法官在事实发现上的能动性,而逐步采行协同主义民事诉讼模式。构建和谐社会,实现和谐司法,要求建立适合于中国国情的协同主义民事诉讼模式。
Party doctrine and party conduct are two different concepts and can not be confused. The two major legal systems have the distinction between the power of conduct and the conduct of the parties in the operation of civil lawsuit. Both of them take the debate doctrine in the contents of the trial, and the parties take the lead. However, both the two legal systems in the world today invariably amend the debate doctrine, strengthen the cooperation and cooperation between the judges and the clients, promote the initiative of the judges on the facts found, and gradually adopt the synergistic civil litigation mode. Constructing a harmonious society and achieving a harmonious administration of justice require the establishment of a synergistic civil litigation mode that suits China’s national conditions.