Volume 22 Issue 3
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XIAO Jian-hua, LI Zhi-feng. From Adversary System to Cooperative System[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2006, 22(3): 55-62.
Citation: XIAO Jian-hua, LI Zhi-feng. From Adversary System to Cooperative System[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2006, 22(3): 55-62.

From Adversary System to Cooperative System

  • Received Date: 2006-07-20
    Available Online: 2021-06-30
  • The purpose of civil litigation is to find the reality of a case, to achieve substantive justice and procedural justice. However, the concept of traditional adversary system ignores the effect of judges in finding the fact in the cases, the power of the judge being too restrained to achieve its purpose. In the contrast, in the developed countries, the civil procedural law emphasizes the role of the judge and stresses the obligation of speaking the truth of the parties, to the extent, resulting the emergence of the Cooperative System between the judges and parties.

     

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