论民事诉讼中法院与当事人主体地位的平等性

“法院主导地位说”长期统治民事诉讼法学界并根植于人们的观念中。而笔者以为，诉讼机制的现代化需要诉讼程序与制度设计的科学化和正当化，而这与诉讼观念与诉讼主体地位观念的现代化不无密切关联。基于此，本文提出并论证了民事诉讼中的法院与当事人诉讼主体地位平等性问题，旨在唤起人们在当今的社会情势下对民事诉讼中法院与当事人的关系重新予以审视，并意图动摇已在人们意念中根深蒂固的“法院主导地位说”。

On the Equality of the Court and the Partiesas Subjectsin Civil Procedure

The article purports that it is quite necessary to re -. review the relationship between the court and the parties in civil procedure. Not only the court but also the parties are subjects in civil procedure, and both of them have equal positions in the procedure, which means that we shoule change our traditional idea that the court has the leading porsition in civil procedure and set the basic idea that both of them must exercise their rights and perform their duties according to the law, and both of them should give the other side enough respect.