论文部分内容阅读
一、开放式辩论主义的含义到底是什么论文提出了两个学界以前没有的概念,就是开放式的辩论主义和封闭式的辩论主义。但对开放式辩论主义的具体含义是什么,论文似乎语焉不详。从论文的叙述看(第2~3,5页),封闭式的辩论主义是指包含传统三命题的辩论主义,是强调当事人的辩论行为对法官约束作用的辩论主义。根据论文(第3页)的叙述,似乎开放式辩论主义是指包含处分权在内的辩论主义,并以澳门地区的《民事诉讼
First, what is the meaning of open debate doctrine? The essay proposes two concepts that the academic community did not have before: the open debate debate and the closed debate debate. However, what is the specific meaning of open-ended debate and the thesis seems to be absent? From the narrative of the thesis (pp. 2 ~ 3, 5), closed-end debate theory refers to the debate doctrine that contains the traditional three propositions and is the debate doctrine that emphasizes the binding effect of the debates of the parties on the judge. According to the dissertation (p. 3), it seems that open-ended debate refers to the debate doctrine that includes the right to dispose of it. In the meantime,