關鍵詞：民事訴訟目的 民事訴訟目的理論 糾紛解決 程序保障
On the Theory of Civil Lawsuit Purpose
Abstract
The issue of civil lawsuit purpose is the basis of theory in the civil lawsuit area. The theoretical study significance lies in that it could provide a basic concept for civil litigation system. Based on the concept of different purposes, there will be different system designs, such as the civil lawsuit system which is based on the design of solving disputes, it inevitably focus more on the simplification of procedures. Nevertheless, the civil lawsuit system which is based on the design of procedure guarantee inevitably pays more attention to the pursuit for the legitimacy of the proceedings. The research for the purpose of civil proceedings could enable people to identify and think about the problem at a higher level and to pay further attention to aspects of legitimacy for the civil lawsuit system. The purposes of country’s civil lawsuit can not be divorced from the specific context of the judiciary, but distinguished from civil and arbitration, mediation and other non-litigation system in purpose. We should re-think and set up China's civil purposes on the basis of establishing the objective needs of civil litigation system and the nature of civil laws with the reform of the judgment means vigorously promoted nowadays in China. It could be helpful for the reconstruction of science and viable civil justice system the deepening of judicial reform in China.
Keywords: civil lawsuit purpose, the theory of civil lawsuit purpose, dispute solving, procedure guarantee
