Civil Procedure Law

Author: (USA) Su Ben
Publisher:
Publish Date: 2004-03-01
Features: It is a great pleasure for me that this casebook can now be translated into Chinese and presented to Chinese readers. I have taught Civil Procedure Law in China before, and I understand how diligent, thoughtful, and active Chinese law professors, judges, lawyers, and law students are when they study Civil Procedure Law, whether it is Chinese or foreign. In this textbook, my co-authors and I attempt to present the American civil procedure to students from three dimensions: first, the principles of the procedure; second, the context in which these principles develop and operate; and third, the underlying implications embedded in the practice of lawyers applying these procedures. I hope that as you read this book, you will think about the relationship between the American Civil Procedure Law and the American society, politics, and economic environment of which it is a part, and you will use the exercises to consider how American lawyers actually apply procedural rules in their cases. There are two themes that have helped me understand Civil Procedure Law. One is my curiosity about the relationship between Civil Procedure Law and literature: which parts of the parties' stories should the court consider and which should it ignore. What is the difference between this and the question faced by novelists and historians? The other is that, in my view, the issues of power and fairness are constrained by the creation and operation of any civil procedure system. When you engage in the study of American Civil Procedure Law or the procedures of any country, it is fascinating and worth pondering to consider literature, power, and fairness in civil procedures and civil litigation. Wishing everyone the best in your studies!