The Self-Examination of the Legitimacy about the Civil Litigation Mode

The transformation and changes of the litigation mode have offered a frame to analyze the litigation structure,and become an important foundation and prerequisite to develop the civil litigation theories.However,the mode should be considered as a research of classification and comparison about litigation experience and litigation process,instead of being established as objective of the theories and expectations of judicial development.The development of theories of civil litigation should overstep the types classification of the mode analyzation,and avoid intentional choice and design.The emphasis should be given to main contradiction as well as its chief characteristic and transformation in reality in the judicial process.Also,the theory construction under the mode should be overreached,and thus we can improve and perfect the litigation construction from the angle of a reasonable practice.In that case,the judicial operation pattern can be formed,where a reasonable practice rather than authority is in the leading position.