民事诉讼中当事人与法官关系问题是民事诉讼的核心。鉴于我国立法与司法实践中还存在的诸多问题,文章认为,首先应从观念上摆正二者关系,确立审判权是诉权辅助之观念;然后在具体制度上,改革现有的撤诉、上诉、再审的相关制度,确立新的调查取证规则,进一步规范和细化法官庭审引导权的行使等。 The relationship between the parties and the judge in civil litigation is the core of civil litigation. In view of the many problems that exist in the legislation and judicial practice in our country, the article holds that, firstly, the concept of right of trial should be set up as the concept of right adjunct, and then the existing system of withdrawal, appeal and retrial should be reformed The establishment of new rules of investigation and evidence collection, and further standardize and refine the exercise of the powers of the court trial hearings.