消费者权益保护是2012年第69届德国法学家大会有关民事诉讼的中心议题。以此为契机,民事诉讼与消费者权益保护的关系也被重新加以反思。在案件事实探知方面,德国现行民事诉讼依然以辩论原则为主导,这种认识是否能够满足加强消费者权益保护的整体诉求?消费者与经营者之间的实力差别,特别是判断能力的不同以及信息的不对称是否会产生与辩论原则不可调和的紧张关 The protection of consumers’ rights and interests is the central topic of the 69th German Jurist Conference in 2012 on civil litigation. Taking this as an opportunity, the relationship between civil lawsuit and the protection of consumers’ rights and interests has also been reconsidered. On the facts of the case, the current civil litigation in Germany is still dominated by the principle of debate, whether this understanding can satisfy the overall demand for the protection of consumers’ rights and interests? The strength difference between consumers and managers, especially the judgment ability, Whether the asymmetry of information creates tension that is irreconcilable with the principle of debate