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从诉讼的产生及演进来看,诉讼运行机制从纠问式到对抗式的转变体现了对裁判者在诉讼当中的恣意与集权的否定。本文指出现代社会的诉讼制度设计根据社会冲突的性质可主要划分为三种类型,即民事诉讼制度、刑事诉讼制度和行政诉讼制度,这三大诉讼在程序设计上有着共通的法理,即公正与衡平。
Judging from the emergence and evolution of the lawsuit, the change of lawsuit operation mechanism from adulteration to confrontation reflects the negation of arbitrariness and centralized power of the judge in litigation. This paper points out that the design of litigation system in modern society can be divided into three types according to the nature of social conflicts: the civil litigation system, the criminal litigation system and the administrative litigation system. These three litigations have a common legal principle in program design, that is, Balanced.