民事诉讼是由法院、当事人及其他诉讼参与人参加的一种活动,以国家审判权为中心是民事诉讼法律关系的特点,以当事人诉讼权利为本位是民事诉讼法律关系的基本价值取向。民事诉讼法是典型的公法,控制和规范审判权依法行使应是民事诉讼法最基本的功能。民事诉讼法要严格控制法院的审判权,不断激活当事人的诉讼权利,充分肯定和发挥律师在监督和制约审判权行使中所起的重要作用,才能使民事诉讼最大限度地接近正义。 Civil litigation is an activity attended by courts, parties and other participants in the litigation. Taking the jurisdiction of the state as the center is the characteristic of the legal relationship of civil litigation. Taking the litigation right of the litigants as the standard is the basic value orientation of the legal relationship of civil litigation. Civil Procedure Law is a typical public law. To control and regulate the exercise of judicial power according to law should be the most basic function of Civil Procedure Law. Civil Procedure Law should strictly control the judicial power of the court, constantly activate litigation rights of the parties, fully affirm and exert the important role played by lawyers in the exercise of supervision and restriction of judicial power, so as to bring civil litigation to the maximum extent to justice.