Civil Procedure Value Theory

Author: Xiao Jianguo
Publisher:
Publish Date: 2000-05-01
Features: China is a country with a long history and splendid culture. In the continuous transmission of traditional Chinese culture over thousands of years, the spirit of upholding and valuing law has always held an important position. However, due to the significant differences between the spiritual essence of ancient legal culture and modern society, the vast and profound traditional Chinese legal system, with its intricate principles, could not be integrated with the concepts of modern society. Therefore, in the mid-19th century, with the aggression of Western powers against China, the ancient Chinese legal system, which had endured for thousands of years, ultimately collapsed, and China's legal system thus began an extremely difficult process of modernization.
This book takes the value of procedural justice as a theoretical perspective to explain several theoretical categories of procedural value in civil litigation, revealing the two types of value in civil litigation procedural: instrumental value (or intrinsic value) and instrumental value (or extrinsic value). Following this main thread, the book examines five major value goals of civil litigation procedures, namely procedural freedom, procedural justice, procedural efficiency, substantive justice, and order. In the realm of intrinsic procedural value, the book focuses on procedural justice and procedural efficiency, revealing the evolution of the concept of procedural justice, its models, elements, and the paths to its realization, while proposing three models for achieving procedural efficiency. In the realm of extrinsic procedural value, the book studies the elements of substantive justice and its realization, revealing the social functions of civil litigation procedures.
Finally, the author explores the allocation of the burden of proof in civil litigation and the value implications of the validity of civil judgments. Additionally, the book reveals the value orientation of the civil enforcement procedures and the reform of civil litigation procedures in China.