论民事诉讼突袭

由于我国在法律规定方面存在的漏洞,以及当事人滥用诉讼权利,在诉讼中形成对对方当事人的诉讼突袭,法院在职权主义因素的影响下做出一些突袭性裁判,都对我国诉讼程序的合理运转形成阻碍。我们应该借鉴国外经验,比如禁反言理论,答辩失权制度,举证时限原则,反诉限制制度以及向当事人主义诉讼模式的转变,从而防止诉讼突袭。

On Unexpected Attack in Civil Action

As a result of existing cracks in our legal rule aspects,as well as the litigant abuses the lawsuit right,forming civil raid to the other party in the lawsuit,the court in the terms of reference under the influence of factors makes some surprise attack referee,all these had hindered the reasonable revolution to lawsuit procedure.We should profit from foreign experience,for instance,the ban estoppels theory,the loss of right of reply system, the principle of the burden of proof time,counterclaims restriction system,as well as transformation to litigant principle lawsuit pattern,to prevent the lawsuit surprise attack.