基于宜粗不宜细的立法思考,我国《民诉法》在程序规则供给方面严重不足,且受程序运行者中心主义的影响,其在控制、规范权力行使与解决纠纷、保护权益方面也不尽如人意。本次《民诉法》修改主要针对审判程序进行完善,从诚实信用原则、程序分化、诉讼契约化、权力运行规范化以及保障当事人起诉权利等方面从微观上完善立法,但仍然过于模糊或者有失偏妥,需要通过解释论上的努力予以细化或尽量纠正。此外,尚需制定《强制执行法》,并在《民诉法》未来修改时贯彻程序利用者中心主义,遵循调审分离原则,充分考虑中国现实司法环境及其群众基础,并强化人大司法监督职能。 Based on the rational thinking that should not be fine, the Civil Procedure Law in our country is seriously deficient in the supply of procedural rules and is subject to the influence of proceduralist centrism. It also lacks control over norms in exercising and resolving disputes and protecting rights and interests Likely. The revision of Civil Procedure Law is mainly aimed at perfecting the trial procedure and improving the legislation from the microscopic point of view, such as the principle of good faith, procedural differentiation, the contractualization of litigation, the standardization of power operation and the right of litigants to prosecute, but they are still too vague or missing Excesses need to be refined or corrected as much as possible through explanatory efforts. In addition, the Enforcement Law still needs to be enacted, and procedural user-centrism should be followed when the Civil Procedure Law is amended in the future. The principle of adjudication and trial should be followed, the actual judicial environment and its mass base in China should be fully taken into account, and the judicial supervision of the NPC should be strengthened Function.