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随着各国以集中审理原则为目标所进行的民事案件审理制度改革的强化,相关理论的研究也不断深入。为实现集中审理,有必要课予当事人协力迅速进行诉讼之义务,促使当事人将其所掌握的事实、证据及相关诉讼资料,尽可能于诉讼程序较前阶段提出。我国对于当事人诉讼促进义务的分析和研究相对比较薄弱,在国内诸多民事诉讼相关著作与论述中,虽偶有涉及,却始终缺乏系统性阐述,文章将对我国现行民事诉讼制度的改革提供借鉴。
With the intensification of the reform of the civil case hearing system in all countries with the principle of centralized hearing as the goal, the research on relevant theories has also been deepening. In order to achieve a centralized hearing, it is necessary to give the parties the obligation to work together promptly and promptly to prompt the parties to present the facts and evidences and relevant litigation information they have in place as far as possible in the earlier stages of the proceedings. Although the analysis and research on the litigant obligation to promote litigation in our country is relatively weak, there are still a few systematic expositions in the many domestic litigations and discussions about civil litigation. The article will provide reference for the reform of the current civil litigation system in our country.