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诉权作为一种古老的制度,最早在罗马法中出现。随着诉权理论的不断发展和经济社会发展的需要,将诉权做扩大解释的做法从维护诉权实现的角度来说,是有积极意义的。现代法治国家国民诉权的内容就具体体现为:包含在司法保护请求权中的诉讼权利,如起诉权、撤诉权等;包含在公正程序请求权中的诉讼权利,如程序参与权、程序公开权等。本文拟从广义诉权保障的视角,解析《民事诉讼法》的修改内容,从而为科学理解和正确适用修改后的《民事诉讼法》指明方向。
Right of action as an ancient system, first appeared in Roman law. With the continuous development of the theory of litigation rights and the need of economic and social development, the practice of expanding the litigation rights to make interpretation is of positive significance from the viewpoint of safeguarding the realization of litigation rights. The content of national suiting right in modern rule of law is embodied as the right of litigation included in the right of judicial protection, such as the right to sue and the right of withdrawal; the right of litigation included in the right to just procedure, such as the right of procedure participation, Wait. This article intends to interpret the content of the amendment of the Civil Procedural Law from the perspective of the safeguard of broad sense of supremacy so as to point out the direction for the scientific understanding and correct application of the amended Civil Procedure Law.