Study Of The System Of Sorting Out The Points In Dispute Of Civil Litigation

In China,the system of sorting out the points in dispute of civil litigation has been explicitly provided in the Civil Procedural Law and its judicial interpretations.However,the legislation on this system is unavoidably coarse and inadequate owing to the lack of mature doctrines,perfect legislative system and relevant guiding principles of litigation.We can learn from the system of sorting out the points in dispute of civil litigation of foreign countries to improve the relevant system of our country,especially in making the purpose of establishing the system explicit,allocating the role of the parties on both sides and the judge,improving relevant coordinating measures,and enriching the variety of procedures for sorting out the points in dispute,etc.In order to solve the problems exiting in applying the system of sorting out the points in dispute of civil litigation,such as its incomplete system,the procedural operation at random,the lack of procedures for regulating the exchange of evidence,and the improper system of the party's loss of right,the system of the party's collection of evidence,the system of the judge's interpretation,etc,we should start from establishing the guiding principles,setting up primary framework,and improving relevant coordinating systems so as to focus on the substantive points in dispute of the parties,to promote the centralized judgment,to raise the efficiency of trial,to optimize the allocation of resources,to guarantee the due procedural rights and interests of the parties more effectively,and to realize both the substantive justice and procedural justice.