渐进与过渡:民事审判方式改革的冷思考

文章首先回顾了民事审判方式改革的社会背景 ,针对举证责任、庭审制度等问题采取各种改革措施 ;其次 ,通过对民事审判方式现状的剖析 ,在肯定改革成果的基础上 ,指出了在完全由当事人举证、一步到庭、当庭质证等举措中存在的种种问题 ;最后 ,从理论上论证了解决目前存在问题的路径选择。

Gradual Advance and Transition: A Self-possessed Thought About the Reform of the Methods of Civil Trials

The author, in the first place, reviews the social background of reforming the methods of civil trials and various reform methods about the burden of proof and the system of the court hearing etc. In the second place, the author points out some problems existing in the various reform methods about the litigant’s onus probandi, one-step to the court, confrontation of the accused with his accuser in court while analyzing the status quo of the civil trials and affirming the achievements of various reforms. And finally, he author expounds theoretically the offer of some ways and means of solving the above-mentioned problems.