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辩论原则作为一项法律条文写入我国民事诉讼法已经历了很长一段时间,然而由于种种原因,比如它的非约束原则的性质、作为基本原则的地位没有得以完全确立以及诉讼程序价值没有受到足够的重视等原因导致辩论原则在我国的司法实践发挥其应有的作用。本文主要从这几个方面简要论述了我国民诉中辩论原则的现状及完善。
It has been a long time since the principle of debates was written into our civil procedure law as a legal provision. However, due to various reasons, such as the nature of its non-binding principle, the status as a fundamental principle has not been fully established and the values of the proceedings have not been affected Sufficient attention and other reasons lead to the principle of debate in our judicial practice to play its due role. This article mainly discusses the current situation and the consummation of the debating principles in our civil litigation from these aspects.