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目前我国民事诉讼法对勘验主体未明确规定,司法实践中将勘验主体界定于人民法院审理案件的法官,这显然与民事审判方式改革的目标相违背,影响了法官在民事诉讼中的中立地位,也影响了司法公正。为此,建议从立法上明确规定勘验主体及其在诉讼中的地位,以切实保障法官在审理案件中的中立地位,推进民事审判方式的改革,实现司法公正。
At present, China’s civil procedure law does not clearly define the subject of the investigation, and the judicial practice defines the subject of the investigation to the judge of the people’s court. This obviously runs counter to the objective of the reform of the civil trial and affects the judge’s neutrality in civil proceedings Status has also affected the fairness of justice. Therefore, it is suggested to clearly define the subject of investigation and its position in litigation from the legislation, so as to effectively guarantee the judges’ neutrality in hearing the case, promote the reform of the civil trial and realize the justice of the judiciary.