A Research On The Litigation Facilitation Obligation Of Parities In Civil Procedure

In the civil litigation,for the interests one party often take delay action.This causes the trial time extension,resulting in the loss of the other party.Actually this case can be judged in a limited period.To solve this problem,in an early time,the German scholars put forward the concept of the litigation facilitation obligation of parities in civil procedure.In the reform of the civil procedure law,some countries(regions) learn about this theory and put this concept in the legislation to promote the obligation.In our country there is less discussion about the theory of the litigation facilitation obligation of parities.That how to establish the litigation facilitation obligation of parities in China remains to be further research.This paper mainly discuss the obligation through the following four parts.The first part discusses the basic theory of the litigation facilitation obligation of parities.It mainly introduces the production and development process of this concept in Germany.Also it discusses the definition of the litigation facilitation obligation in our country.On this basis,analysis the basis theory of this concept.From the four parts that the transformation of the notion of litigation,the changes of the model of litigation,the centralism of judgment and the principle of good faith to promote the theoretical foundation of the obligation.The second part investigates the extraterritorial theory about the litigation facilitation obligation of parities.It respectively introduces the theories and legislation in Germany,Japan,South Korea,Taiwan.At the same time,based on the investigation,compared with each other in legislation style,connotation scope,ruling period and violation consequences.The third part analyzes the present legislation situation and problems of the litigation facilitation obligation of parities.Analyze the present civil procedure law,indicating that the legislation of our country is limited to time level action,and less of the cooperatively interpreting factual relations obligation.And analyze the problem of the the litigation facilitation obligation of parities in our country.The fourth part puts forward the improvement suggestions about the litigation facilitation obligation of parities in our country.In the legislation we should put the litigation facilitation obligation of parities in a specific provision,make clear the concept and contents of duty,strengthen the action stage,set up a centralized trial system,perfect the violation consequences.And at the same time,promote other consequences of obligation,and pay attention to the judge’s litigation command,promote the proceeding smoothly.