大陆法系和英美法系在对罗马法和日耳曼法的继承与发展过程中演变出不同的诉讼观,以成文法为诉讼基点的罗马法系从规范出发把握诉讼,日耳曼法系则以案件事实为出发点从事实出发考虑诉讼。在两种不同的诉讼观的影响下,形成了两大法系不同的诉讼方法。 Civil law and Anglo-American law evolved different viewpoints of litigation in the process of the succession and development of Roman law and Germanic law. The Roman law system, whose statutory law is the starting point of litigation, took the lawsuit from the norm. The Germanic law system takes the facts of the case as Starting point to consider the facts from the proceedings. Under the influence of two different concepts of litigation, two different lawsuits have been formed.