Study On Direct-Speech Principle In Civil Procedures

Direct-speech principle is one of the fundamentals in civil procedure. Its emergence and development experienced an extremely long history. The principle reflects the original respect of human rights. Our research most focus on the historical origins in criminal procedures, yet paying limited attention in civil procedures. To illustrate its important position in the civil action, the author first clear the elements of the principle, then explore original form of it from the perspective of legal history under different situation, comparing principle in a range of countries and regions, mainly its formation, establishment and development, in order to show the unique significance of it as the modern rule of law. Finally, the author try to explain the necessity and feasibility of establishing the direct-speech principle under existing legal framework in our country, give some solid proposal so that we can perfect the legislation and supporting institution building.The first part defines direct-speech principle, proposes requirements for judges, parties and other participants of civil proceeding. The principle emphasizes that we should create a distinctive atmosphere of the scene to maximize the effectiveness of the trial, value the communication between judges and parties, require the parties to be present, personally appear in court, trial centralized. Appearance in court, face to face, direct evidence gathering and oral trial is the specific requirements of direct-speech principle. Under the specific circumstances of judicial practice, in the small claims procedures, decisions on matters of procedure and pre-trial procedures, non-litigation procedure, the parties agree to such cases, allow exceptions operation.In the second part, the author shows a picture of the original appearance of direct-speech principle, we trace from the historical view , dating back some landmark events which took place from the ancient China to civil law and common law countries. The author illustrates the context of direct-speech principle by using historical and comparative methods, analysis the similarities and the differences between the direct-speech principle and the principle of disposition, the principle of rival trial, which are all the basic principle in civil procedure.The last part shows a vivid picture of the status of direct-speech principle both in legislative and judicial fields, we may find that many phenomena contrary to the principle still exist, so there are necessity and possibility to implement such a principle. Legislative techniques and supporting systems need to be improved. Direct-speech principle conforms to the progressing trend of civil litigation system, fits our economic and social prospects. It is conducive to achieving substantive justice, procedural justice and efficiency of litigation. We should invest all our effort to improve the system of witness, strengthen the process of rival trial, guarantee the independence of judges.Litigation is a technical framework which needs to constantly adjust to practice. It is our obligation to regulate it, give its rightful place as a basic principle in China's civil procedure law, conform to social change to give it new meaning. At the same time, we should enrich its concept and system so as to effectively meet the need of law reform of modernization.