Chinese procedural law

Author: Zheng Wenhui
Publisher:
Publish Date: 2004-02-01
Features: Chinese procedural law is an important part of the Chinese legal system. In the process of constructing the Chinese legal system, Chinese procedural law is one of the most mature legal branches. According to the standard of whether law addresses substantive rights and obligations themselves or the procedures to ensure the realization of substantive rights and obligations, any legal system divides law into substantive law and procedural law. Substantive law and procedural law are two corresponding legal concepts: substantive law is the law concerning rights and obligations and the responsibilities to be borne for violating the provisions of rights and obligations; procedural law is the law concerning the process and methods of realizing substantive rights and obligations and obtaining legal remedies in litigation or arbitration to resolve disputes over substantive rights and obligations. This book does not discuss substantive law but procedural law; its topic is Chinese procedural law, including its system and content, covering the Civil Procedure Law (including the Special Procedure Law for Maritime Litigation), the Criminal Procedure Law, the Administrative Procedure Law, and the Arbitration Law. For this purpose, the book is structured into six chapters: First, Chapter 1 discusses the nature, functions, and relevant regulations of the court as an important litigation subject in the procedural process; then, Chapter 2 discusses the legal norms of evidence with common characteristics in the procedural process; last, Chapters 3 to 6 respectively elaborate on the civil litigation procedure, criminal litigation procedure, administrative litigation procedure, and arbitration procedure. This book comprehensively, systematically, and clearly introduces and explains various Chinese litigation procedures and arbitration procedures as well as their basic rules and legal theories. It discusses Chinese procedural law as a complete and independent legal branch within the Chinese legal system, and in its writing, it highlights the status of the court as the main litigation subject in the procedural process, the evidentiary role of evidence norms in the procedural process, and the application of judicial interpretations as a form of legal interpretation in the procedural process. This not only facilitates the author's logical discussion of the system structure and detailed content of Chinese procedural law but also makes it easier for readers to gain a comprehensive, systematic, in-depth, and accurate understanding of Chinese procedural law. It is an indispensable reference for readers at home and abroad who wish to understand Chinese law and its operation, especially for business leaders, merchants, and parties involved in Chinese law, as well as for legal professionals, civil servants, law students and teachers in universities and colleges, and candidates for the National Unified Judicial Examination.