Civil Litigation Studies (Volume 1, 2005)

Author: Tian Ping'an
Publisher:
Publish Date: 2005-09-01
Features: The "Comparative Studies on Civil Procedure Law" takes "comparison" as its fundamental methodology, grounded in the realities of theoretical research in China's civil procedure law academia. It introduces, analyzes, and incorporates new achievements in civil procedure law theoretical research and judicial practices from foreign countries and regions. While updating the theoretical framework of China's civil procedure law, it also provides strong theoretical support for China's judicial reform and the construction of a rule-of-law state. Therefore, it is necessary at the outset to briefly review the current state of theoretical research, achievements, and shortcomings in China's civil procedure law academia in recent years, while making bold predictions and expectations about its future trends. As mentioned earlier, theoretical research in civil procedure law must provide comprehensive and systematic theoretical support for civil procedure law legislation. Civil procedure law inevitably involves the critical issue of institutional transplantation (including the transplantation of concepts and specific institutions). In this regard, comparative research in civil procedure law must undertake the mission of comprehensively and systematically introducing foreign civil procedure systems. It should strengthen the translation and introduction of civil procedure law legislation from Western rule-of-law countries and the translation and introduction of theoretical works, striving to make substantive contributions to comparative research on institutional functions and institutional transplantation.