从英美法官对案件的管理看民事程序的变化

20世纪后半叶,传统的英美对抗制民事诉讼程序经历了一次重大的、革命性的变革。导致这种变革的原因是多方面的,其中既有社会的呼声,也有司法体系内部的反省。变革的核心内容是法官的角色转变和司法对程序控制的加大。这种变革,不仅使英美法官的传统职能发生了变化,而且使一直与大陆民事程序完全不同的英美程序机制具有了一种全新的内容。因而这种变革不可避免地在法律界引发了激烈的争论。

Surveying the Change of Civil Procedure from the Case Management of Judge in Britain and American

During the second half of last century, there was a significant and revolutionary reform in adversarial judicial system of Britain and America. The reasons caused this reform are the voices from society, and self-exam of judicial system. The reform focuses on changing the traditional role of the judge into managerial judge, and increasing the control of judges to the procedure. In the result, the reform not only made the change of the traditional judicial role, but also had new content in the judicial system of Britain and America, which was very different from civil law judicial system. And it is inevitably that the reform caused a severe debate in the academic area.