源于英美法系的司法认知,因在提高诉讼效率方面功效卓越而被我国研究者纳入制度移植的话语空间。当前借鉴的必要性已然达成共识,因此就司法认知移植后能否与我国既有民事诉讼制度良性互动予以探讨显属必要。由于我国已确立了公平与效益兼顾的多元化诉讼价值取向,初步形成了协助当事人处分型的诉讼机制,同时由于新类型纠纷不断增加、民众对纠纷处理结果的心理期待日益提高,故而我国民事诉讼制度已为司法认知的生存长养提供了理念、制度和现实支撑。 Judicial cognition originated from Anglo-American law system has been incorporated into discourse space of system transplanting by researchers in our country due to its remarkable effectiveness in improving litigation efficiency. At present, it is necessary to reach a consensus on the necessity of reference. Therefore, it is necessary to probe whether the transplantation of judicial knowledge can interact with the existing civil procedure system in our country. As our country has established the value orientation of diversified litigation with fairness and efficiency, initially formed a litigation mechanism to assist the litigant to dispose of the litigant. At the same time, due to the continuous increase of new types of disputes and the ever increasing psychological expectation of the people on the handling of disputes, the civil litigation in our country The system has provided ideas, systems and realistic support for the long-term survival of judicial cognition.