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我国民事诉讼模式由超职权主义向当事人主义转换过程中,更加强调当事人的主体作用,法官职权得以弱化,这一变革对促进诉讼的民主化确实起到了一定的作用,但若过于强调当事人的主体性而忽视了法官对民事诉讼进程的指挥作用,可能会导致当事人滥用诉讼权利从而引起诉讼迟延。因此需就法官对诉讼进程的指挥作用予以规范,设立法院行使诉讼指挥权的原则,即依法恰当行使原则、中立性原则及不违反辩论主义和处分主义原则,在此基础上将法院的诉讼指挥权分为程序性的指挥权和实体性的指挥权,以提高诉讼效率,实现实质上的公正价值,更好地保护当事人的程序权。
In the process of the transformation of civil litigation model from authoritarianism to authoritarianism in our country, more emphasis is put on the principal role of the parties and the authority of judges is weakened. This change has indeed played a certain role in promoting the democratization of litigation. However, if too much emphasis is placed on the subject However, ignoring the judge’s role in directing the process of civil litigation, it may lead to abuse of the right of litigation and delay of litigation. Therefore, it is necessary to regulate the role of the judge in directing the litigation process and establish the principle that the court exercises the command right of litigation, that is, the principle of proper exercise according to law, the principle of neutrality and not violating the principle of debate and sanction, and on this basis, The right is divided into procedural command and substantive command in order to improve the efficiency of litigation, realize the substantive fair value and protect the procedural rights of the parties better.