Introduction to the French Civil Procedure Code

Author: Zhang Weiping
Publisher:
Publish Date: 1997-10-01
Features: The French civil litigation system in developed countries is quite distinctive, for example, the diversification of civil adjudicative bodies and procedural diversification, the institutionalization and specification of the right of action, the separation of pre-trial procedures from trial procedures, the principle of documentary evidence priority, the diversification of appellate levels, and the establishment of expedited trial procedures, etc. The adoption of the principle of documentary evidence priority in French civil litigation is closely related to both the traditional approach to resolving civil disputes in France and the emphasis on documentary acts in French substantive law. Without understanding the French legal concepts, legal culture, and substantive law, it is difficult to comprehend France's principle of documentary evidence priority. Directly introducing the works of foreign scholars to Chinese readers through translation, allowing them to taste the "authentic flavor," is certainly fine. However, this "authentic flavor" is sometimes hard for Chinese readers to swallow directly. First, some legal terms are difficult to be fully and simply "converted" into Chinese legal terms; second, without the corresponding knowledge structure, it is hard to understand the expressions of legal systems and legal terms in foreign scholars' works; third, foreign legal works are always written for specific audiences under specific backgrounds and requirements, which sometimes differ significantly from the preferences of domestic readers. This book is written based on the limited information and understanding the author has, utilizing their own knowledge structure.