Sino-Comparative Legal Studies (Volume 4)

Author: Chen Guangzhong
Publisher:
Publish Date: 2000-04-01
Features: The fourth volume of Studies on the Theory of the Code of Civil Procedure did not undergo significant changes in its columns, but it emphasized the theoretical level and practical value of the manuscripts in its content. In the criminal procedure law section, the article The Modern Framework of the Court System addresses the mechanistic flaws and accumulated problems of China's current court system. Employing the widely recognized modernization theory in the social sciences, particularly Max Weber's "typology" method, the article systematically analyzes the modern framework of the court system from seven aspects, thereby providing some direction for the reform of China's court system. With the growing awareness of human rights, the issue of how to better protect the legitimate rights and interests of suspects and defendants in criminal procedure has become a focal point for both academia and practical sectors. Among these, the intense debate initiated by the media on whether suspects and defendants should be granted the right to silence has attracted widespread attention from all sectors of society. To further advance the study of procedural value, the fourth volume of Studies on the Theory of the Code of Civil Procedure continues to publish articles on this topic in the civil procedure law and administrative procedure law section. The article On the Unique Value of Procedural Law starts from the famous argument of Marx on the "relationship between substantive law and procedural law," analyzes the independence of form and the independent value of procedural law, and advocates establishing the concept of "procedural law as the core." The study on the relationship between the Civil Procedure Law and the Substantive Law of Civil Procedure is a condensed and refined part extracted from a doctoral dissertation.