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当事人诉讼促进义务是现代各国为阻止诉讼程序滥用、防止诉讼程序滞延而提出的旨在促使当事人积极行使其权利和推动程序之迅捷进行的行为规范。其主要表现于诉答程序、证据交换、审前意见交流等诉讼阶段,违反之将承担诉讼上的不利后果。我国民诉法对此规定显有缺失,应对其做进一步的立法完善。
The parties’ litigation promotion obligation is a code of conduct proposed by all the countries in the country to prevent the abuse of litigation procedure and prevent the delay of the litigation procedure, and to promote the parties to actively exercise their rights and promote the rapid implementation of the procedure. It is mainly manifested in the litigation stage such as the procedure of appeal and reply, the exchange of evidence, and the exchange of opinions before the trial, which will bear the unfavorable consequences of the litigation. China’s Civil Procedure Law is a flaw in this provision, should be further legislative improvement.