传统民事审判方式的弊端及改革构想

传统民事审判方式的弊端表现在：法官包揽调查，当事人基本上不负举证责任；开庭审判走过场，基本上是先定后审；庭审采取纠问式，当事人被动应答，较少主动行为，合议庭合而不议，审而不判，作用不显；当事人的处分权受到较大限制。在改革中，应强调当事人举证责任，完善举证制度；强调公开审判，充分发挥庭审功能；强化合议庭和独任审判页的职责，实现“审”与“判”的统一；加强法院自身的改革。

On Corrupt Practice of the Tradition Civil Trial and Some Tentative of Reforms

The corrupt practice of the traditional civil style exists as following: the judge takes on ivestigation , the person concerned is generally not responsible for giving evidences the beginning of trial is not serious, often the decison is made before trial the Person concerned answers questions passive1y, the cooperative court means no discussion, the trial means without making sentences , morever it shows no effect, the punishment for the person concerned is relatively limited. In the reform, the evidence given by the person concerned should be emphasized and the system of giving evidence should be improved. We should place emphasis on public trial and make full use of trial by the court. We should realize the fact that the trial and the sentence be united,and the reform of the court itself should be strengthened.