新时期改造我国民事审判权的若干思考

从民事审判权应有的规定性看，我国的民事审判权处于缺失的状态，存在职权化过重、主管范围狭窄、运行不够顺畅、公开性不足等弊端。本文提出民事审判权改革的四个基本思路由以法院为本位过渡到以当事人为本位；由个案处理功能到兼顾社会公共政策制定功能；由单一注重判决手段到注重多重手段并用；由封闭的审判权发展到开放的审判权。

On the Reconstruction of China's Civil Jurisdiction in the New Era

With the established principles of civil jurisdiction in mind, China's civil jurisdiction has some defects and shortcomings,such as too much authoritative factors, too much limitations in jurisdiction, less smoothness in its operation, lack of openness. This paper proposes four ways of reforming civil jurisdiction in China:the standard is parties not judges; trail function consists of both trail of cases and establishing public policies; the verdict method must be combined with other measures; the opening civil jurisdiction is to be needed instead of the closing civil jurisdiction.