我国现行民事诉讼法对司法者在审判活动中侵害当事人诉论权利的行为未规定否定性法律后果 ,是导致司法实践中有权利无救济、当事人诉讼权利形同虚设、司法恣意得不到规制的主要原因。为保障以“当事人为中心”的现代诉讼理念和模式与程序正义的实现 ,民诉法必须设置完整的程序性法律规范 ,使程序性权利受到侵害的当事人得到应有的救济。 The current civil procedure law in our country does not stipulate negative legal consequences for the judicial acts that infringes on the parties’ right to complain about the judiciary during trial activities. It is the main reason that causes the right without remedy in the judicial practice and the litigation rights of the litigants are of the same name, and the judiciary is not regulated arbitrarily . In order to protect the concept and mode of modern litigation with the “parties as the center” and the realization of procedural justice, the law of civil litigation must set a complete procedural law and standard, and the parties who have violated the procedural rights get the due relief.