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听审请求权作为一项程序基本权,为德国《基本法》所明确规定,并作为基本理念贯穿于德国民事诉讼整个过程。它包括当事人受通知权、知悉权、到场权、陈述权、证明权、突袭性裁判禁止请求权、意见受尊重权等一系列子权利。德国民事诉讼法塑造了相应的程序与制度以保障听审请求权的实现,尤其是确立了多轨制、立体式的救济方式。听审请求权旨在提升当事人程序主体地位,在诉讼程序中保障人的尊严,值得我国学习借鉴。
The right to hear a hearing as a procedural basic right is clearly stipulated in the German “Basic Law” and serves as a basic concept throughout the entire process of German civil litigation. It includes a series of sub-rights such as the right to be informed, the right to know, the right to attend, the right to present, the right to prove, the right to prohibit racial referee, and the right to be respected. The German Civil Procedure Law has shaped the corresponding procedures and systems to guarantee the realization of the right of hearing, especially the multi-track and three-dimensional remedies. The purpose of the right to hear a hearing is to elevate the subject status of the parties concerned and to protect the dignity of the people in litigation procedures, which is worth our learning.