建立当事人主义的诉讼制度,包括审判对象确定、裁判方法与程序流程设计三个方面。首先,必须明确我国属于规范出发型的民事诉讼。以实定法规范为前提将审判的对象分为诉讼请求、要件事实和证据三个维度。其次,对于诉讼请求的确定,适用处分权主义,由当事人负责具体化。而对于事实与证据等裁判资料,适用辩论主义,由负担主张责任的当事人提出足以产生法律效果的要件事实。最后,设计程序流程必须在口头主义审理方式的基础上实现庭审集中化,同时考虑到庭审兼具口头辩论与证据调查的双重功能,不宜设立独立的争点整理程序,只需对调我国现行庭审的顺序阶段并赋予第一次口头辩论期日“准备性”即可。 The establishment of litigation system of party doctrine includes the determination of the object of trial, the method of refereeing and the design of program flow. First of all, we must make it clear that our country belongs to the normative starting civil procedure. The object of trial is divided into three aspects: litigation request, fact of claim and evidence based on the prerequisite of the statutory law. Secondly, for the determination of litigation claims, decentralization is applicable and the parties are responsible for the specificization. As for facts and evidences and other referee information, applicable to the debate doctrine, by the burden of claim on the part of the parties raised sufficient to produce the legal effect of the facts. Finally, the procedure of the design process must be centralized on the basis of the verbal trial mode. At the same time, taking into account the double functions of trial and oral argument and evidence investigation, it is not appropriate to set up an independent procedure of arranging disputes. It is only necessary to adjust the order of current trial in our country Stage and give the first oral debate on the day “ready ” can be.