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民事诉讼目的理论是法治国家传统民事诉讼法理论的重要研究对象之一,尤其是大陆法系国家,更为重视民事诉讼目的理论的研究,由此产生了权力保护说,维护法律秩序说等树种民事诉讼目的的理论。笔者从自己的角度,以几个方面为切入点来阐述程序保障说的特点及优点,提出了应将程序保障学说确立为我国民事诉讼目的通说的观点。
The theory of purpose of civil litigation is one of the important research objects of the traditional theory of civil procedural law in the country under the rule of law. Especially civil law countries pay more attention to the theory of the purpose of civil litigation, which results in the theory of protecting power and protecting the legal order The theory of civil lawsuit purpose. The author from its own point of view, with several aspects as the starting point to elaborate on the characteristics and advantages of procedural security, put forward the view that procedural doctrine should be established for the purpose of civil litigation in China.