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《民事诉讼法》从1991年颁布实行,至今已有13年之久。如果算上1982年试行的《民事诉讼法》,那么,我们建立的民事诉讼制度已经运行了20多年。这20多年,正是我国改革开放高歌猛进,社会经济文化生活发生重大变革的历史时期。特别是从上世纪九十年代开始,伴随着我国政治经济体制改革力度的加大,社会纠纷也出现了许多新情况。《民事诉讼法》制定时许多没有预想到的民事争议不断出现,既有的诉讼制度不能满足经济生活发展的需要。尽管最高人民法院不断出台新的司法解释,有些司法解释已经带有超前性,但作为司法解释,毕竟不能超越国家的基本法律。修改现行的《民事诉讼法》,补充理论研究的成果和实践总结的经验,将这些司法解释中的可取之处上升到法律层次,成为理论界和实务界共同的呼声,也是社会发展的必然。
The Civil Procedure Law was promulgated in 1991 and has been 13 years. If we count the “Code of Civil Procedure” tried out in 1982, then the civil procedure system that we established has been in operation for more than 20 years. In the past 20 years or so, it is the historical period in which China’s reform and opening up marched forward with major changes in its social, economic and cultural life. Especially since the 1990s, with the intensification of the reform of China’s political and economic system, many new situations have emerged in social disputes. Many unforeseen civil disputes occur in the formulation of the Code of Civil Procedure, and the existing litigation system can not meet the needs of economic development. Although the Supreme People’s Court has introduced new judicial interpretations on a continuous basis, some judicial interpretations have taken precedence. However, as a judicial interpretation, after all, they can not go beyond the basic laws of the country. It is also the inevitable social development that the current Civil Procedure Law should be amended to supplement the results of theoretical research and the lessons learned from practice to elevate the merits of these judicial interpretations to the legal level and become the common call of theorists and practitioners.