一、引言:诉讼实践催启《民事诉讼法》的全面修改现行《民事诉讼法》也是新中国第一部正式民事诉讼法典制定于1991年,迄今已经过去20个年头。不容否认,这部法典存在着三大历史局限:一是1991年民事诉讼立法时依法治国战略尚未提出,二是市场经济体制尚未形成,三是当事人主义诉讼模式尚未深入人心,因而这部法律在诉讼实 I. Introduction: litigation practice urges the comprehensive revision of the “Code of Civil Procedure,” the current “Code of Civil Procedure” is also the first Chinese New Code of Civil Procedure was enacted in 1991, so far the past 20 years. There is no denying that there are three major historical limitations in this Code: First, the principle of administering the country according to law has not been put forward in the 1991 civil litigation legislation; second, the market economic system has not yet been formed; third, the litigation model has not yet reached people’s hearts. Therefore, Litigation