作为贯穿民事诉讼始终的重要原则——处分原则,在我国司法实践中受到了较大的限制,进而带有明显的职权主义色彩。表现在诉讼程序的启动方式上违背不告不理原则;当事人的追加受到过多的职权干预;撤诉权的行使须经法院许可;再审程序的启动主体不合理等。这些干预,严重违背了处分原则的初衷,明显限制了当事人的处分权。当事人作为诉讼的主体,其处分权受限必将有损司法公正,降低诉讼解决纠纷的效率,最终减缓法治建设的步伐,因而亟待改善。 As an important principle that runs through civil procedure all along, the principle of punishment has been greatly restricted in our country’s judicial practice, which in turn leads to obvious functionalism. It is manifested in the violation of the principle of ignorance in the initiation of litigation procedure. The extra appeals of the parties are interfered by too much authority; the exercise of the right of withdrawal is subject to the approval of the court; and the main body of the retrial procedure is not reasonable. These interventions seriously violated the original intention of the principle of punishment and obviously restricted the parties’ right to dispose of them. As the subject of lawsuit, the limitation of the right of disposition of the litigant is bound to detract from the judicial fairness, and the efficiency of litigation in settling disputes is reduced. Eventually, the pace of construction of the rule of law is slowed down. Therefore, it is urgent to improve.