Civil Procedure Law

Author: Tian Ping'an
Publisher:
Publish Date: 2003-04-01
Features: The major feature of this book is its clear hierarchy, concise structure, and concise language. It equally emphasizes theoretical depth and practicality, not only elaborating on fundamental theories but also providing an overview of the latest theoretical frontiers. While focusing on the basic content of the Civil Procedure Law, it also introduces the achievements of reforms in civil trial practice. It is hoped that when using this textbook, teachers will not only clearly explain fundamental theories and concepts but also pay attention to the connection between theory and practice, i.e., by discussing more cases and highlighting practical analysis. The book is divided into seven parts: Introduction, General Principles, Theory of Litigation Procedures, Special Procedures, Enforcement Procedures, Special Provisions for Foreign-Related Civil Litigation, and Litigation Costs and Compulsory Measures Against Obstruction of Civil Litigation.
Part I Introduction consists of five chapters. It covers fundamental topics such as civil litigation, the Civil Procedure Law, civil litigation law, claims and the right to claim, civil judicial power, and civil litigation legal relationships. Civil litigation is the last and most important means and method to resolve civil conflicts in society. The initiation of civil litigation depends on the exercise of the parties' right to claim, and the resolution of conflicts relies on the specific judgment by courts, which represent the state in exercising civil judicial power. Civil litigation is a process where the judicial power of the court and the right to claim of the parties are combined. The exercise of judicial power by the court and the operation of the right to claim by the parties must be based on the provisions of the Civil Procedure Law. However, the emergence and perfection of the Civil Procedure Law have gone through a long and winding historical process.
Part II General Principles consists of nine chapters. It explains the main content of the general principles of the Civil Procedure Law, including its nature and tasks, basic principles and systems, jurisdiction and territorial jurisdiction, participants in civil litigation, evidence and service of documents, as well as property preservation and interim relief. Unlike previous textbooks, this book places greater emphasis on the role of evidence. Its content not only covers the relevant provisions of the Civil Procedure Law but also incorporates the latest evidence regulations from the Supreme People's Court, highlighting the importance of proof standards, proof burdens, and in-court cross-examination and authentication.
Part III Theory of Litigation Procedures primarily discusses the procedures for adjudicating civil cases, including the ordinary procedure, the simplified procedure, the second-instance procedure, and the procedure for judicial review. In terms of content distribution, we follow the provisions of the Civil Procedure Law as the main framework while appropriately incorporating new practices and experiences emerging from reforms in civil trials.
Part IV Special Procedures explains special procedures, the (), the (public notice procedure), and the (procedure for corporate bankruptcy repayment). These procedures occur relatively less frequently in practice, and the focus should be on grasping their characteristics.
Part V Enforcement Procedures primarily covers the concepts of enforcement and enforcement procedures, the subjects of enforcement, the basis and objects of enforcement, the principles of enforcement, enforcement measures, enforcement guarantees, enforcement objections, enforcement liabilities, and the entire process of enforcement. Enforcement is the means and method by which effective civil legal documents are implemented. In today's severe "enforcement difficulties," a thorough understanding and mastery of the theory and provisions of enforcement are undoubtedly of great significance.
Part VI Special Provisions for Foreign-Related Civil Litigation primarily explains the procedures and systems that must be followed in adjudicating foreign-related civil cases. Foreign-related civil litigation procedures are not an independent procedure but a special provision. They are procedures applied to the uniqueness of foreign-related civil cases. In principle, courts must adhere to all provisions of the Civil Procedure Law when adjudicating foreign-related civil cases, but there are also certain exceptions, such as jurisdiction, service of documents, and time limits, which differ greatly from those for domestic civil cases. The arbitration system could be listed separately, but since the Civil Procedure Law has separate provisions for foreign-related arbitration, it is elaborated on in a dedicated chapter in this book.
The final part, Litigation Costs and Compulsory Measures Against Obstruction of Civil Litigation, is generally placed in the general principles section in other books. However, according to the syllabus requirements, this book separates it into a dedicated part.