On The Civil Litigation Debate Doctrine And The Principle Of Disposition Relationship

Adversarial and disposition rules are, not only a couple of important concept inCivil Procedure Law of civil law countries, but also two crucial principles of civilprocedure. Moreover, both of them embody the self-rule theory of private rights andstress main body of parties in civil proceedings, that is to say, they are establishing onthe same base. Looking back the history of civil procedure, adversarial anddisposition rules were not considered as separate principle, until the public litigationtheory sprung up and substantive law and procedural law were apart form each other.The intimate relationship in the past led to similarity between them, even after theseparation. Therefore, there are some scholars called them twins rule of civilprocedure.Although adversarial and disposition rules are alike in the terms of content and innature, they are distinctive after all, as well as two independent rule in civil procedure.That still has a question, what about their relationship. To the vagueness of boundarybetween them, even the phenomenon of confusion and misusing, the authorconsidered that, it is necessary to distinguish them from each other and confirm theircompetence in civil procedure, whatever in practice or on theory.Besides introduction, the article states in six parts as follows.PartⅠ, it, by the angle of analyzing the phase of establishing, confirming andseparating, explores the development of adversarial and disposition rules and theirhead, analyzes their course from mix to detachment. Then, it further states theirbackground.PartⅡ, it discusses the affinity of adversarial anddisposition rules from the samecharacter, embodying parties’ subjectivity and establishing on the same theoreticalbase, in order to find out why are they easy to confuse and misuse.PartⅢ, it deals with different comprehension and cognition about adversarial anddisposition rules of theorists, including1) general adversarial rule embodies disposition rule;2) general disposition rule contains adversarial rule;3) adversarialand disposition rules are two independent principles in civil procedure.PartⅣ, it analyzes the connotation and extension of adversarial and dispositionrules in narrow sense. Then, it defines both of them, and confirms the standard ofapartment.PartⅤ, it discusses the differences of adversarial anddisposition rules in narrowsense. To show that each has its keynote and available scope, even their nature aredifferent, further recognizing their relationship.PartⅥ, it states that it is reasonable to understand adversarial anddispositionrules in narrow sense, because this way can avoid confusion in their relationship, alsodefine rules of civil procedure and prefect civil litigation system.The article considers that it is better to analyze adversarial and disposition rulesin narrow sense, then confirm their available scope and function in civil procedure,because which can avoid confusion, misusing, mix and vagueness in the theoreticalstudy about both of them.