Statements By The Parties Institutionalism

As a method of dispute resolution, civil litigation is a system formed by all litigant participants. The most fundamental and decisive elements of civil litigation are counterwork and adjudgement, which means civil litigation aims at settling the dispute between the litigants fairly and efficiently. In the process of syllogism inference, fact-finding is the most important component, which needs all litigant participants endeavor. As the principal participants, parties personally experience the dispute and know the most valuable litigation materials, for this reason, who must be appreciated and ensure parties can provide fact materials in all kinds of manners. In my opinion, it's a good way to give chance to parties to communicate with judges. As a legal conception from ordinary life, party presentation is made orally, which means both the factual materials by parties present and the presentation action or the communication process between parties and judge. Party presentation is helpful to make judge acquaint the whole case, find the real controversy, promote efficiency, avoid raid from judge and prove case. Meanwhile, parties personally take part in the most important procedure inlawsuit-------- fact-finding that directly affects the verdict, whichenhances parties' feeling of sovereignty and strengthens acceptability of verdict. Undoubtedly, it has theoretical and practical values to research party presentation.Rules of party presentation has been affected by two types offundamental pattern of civil litigation-------adversary and authoritysystem. No litigation pattern is perfect, unitary litigation pattern is not the ideal pattern. We should propose the neutrality position of judge, respect the principal statue and the sovereignty of party. However, under the condition of real litigation, the court should supply aids to change the state of unbalance between parties and guarantee the parties' litigation right. In the light of judge's examining, for party presentation directly affects fact-finding and final verdict, party presentation must behonest, which is the essential need of civil litigation. Otherwise, it is the disgrace of civil procedure. In my opinion rules of party presentation are more important, research must focus on the designing and perfecting rules of party presentation, in order to ensure the communication according with the "ideal communication situation" and realize functions of party presentation. The author thinks it is very necessary to systematize party presentation, explore these procedure rules of party presentation.This thesis is made of three parts: Foreword, Main Body and Concluding Remarks. Foreword is the basis of the whole thesis. It explains two questions: writing purpose and method. Main body includes three parts:The first part: from the different expression of party presentation in some countries' civil procedure law, expounds the legal conception of party presentation, emphasizes its legal quality, analyzes functions of party presentation. The second part: by introducing the design and theory of party presentation institution in other countries, analyzes contents of party presentation institution including rules of collectingparty presentation------hearing party and examining party, and rules ofensuring honest party presentation--------oath and honest presentationobligation, measures of punishing the parties who make dishonest presentation, discusses the rationality of these rules. The third part: on the basis of analysis of the shortcomings and the reasons of our country's stipulation about party presentation in effect, analyzes the necessity and possibility of systematizing party presentation, propose the construct of such system in my country.The last is not the least: concluding remarks adapt to judicature modernization. The author's purpose is not only to perfect the institution self, but also to perfect the whole procedural system and enhance the idea of procedure in our civil procedural research and practice, shape evolutional modern civil procedural law in china.