Civil Procedure Law Colloquium (Volume 7)

Author: Chen Guangzhong, Jiang Wei (editors)
Publisher:
Publish Date: 2002-09-01
Features: Focusing on the current research hotspots in evidence law—the issue of proof standards, this volume is dedicated to a "Symposium on Proof Standards," where experts and professors such as Chen Guangzhong, Bian Jianlin, Liu Jinyou, Xu Jingcun, Cui Min, Chen Weidong, He Jiahong, Wang Shangxin, and Nan Ying elaborate on their views and insights regarding proof standards, making the research on this issue more comprehensive and in-depth. The Spirit of the Citizen Society and Criminal Procedure Law explores the relationship between the citizen society and the rationality and science, democracy and freedom, justice and efficiency of criminal procedure law. Analysis of the Functions of Criminal Procedure discusses the relationship between the functions and values of criminal procedure and their connection with norms. A Preliminary Critique of the Administrative and Corporate Tendencies in China's Courts analyzes the necessity of distinguishing modern rule-of-law societies' courts from administrative organs and the main differences between them, objectively describing and exploring the primary causes of the administrative and corporate tendencies in China's court system and their operational processes, as well as potential corrective measures. The Harmony of Efficiency and Procedure analyzes the relationship between efficiency and procedure from a new perspective, aiming to encompass values such as justice, efficiency, and stability, and providing a more refined and pragmatic reform approach to address the issue of "high cost and low efficiency" in civil litigation. Admission and Related Legal Practice Issues examines the constitutive elements and attributes of admission, as well as a series of practical issues related to it. Research on the Non-Friendly Forum Principle discusses the pros and cons of applying this principle and its practice in China. The Document Production Order System in Japanese Civil Procedure and Its Implications for China comprehensively introduces the legislative purpose of establishing the document production order system in Japanese civil procedure, the scope of the obligation to produce documents, the application and review procedures, as well as the scope of violating the document production obligation, the application and review procedures, and the legal consequences of violating the document production order. On the Nature of Administrative Adjudication Power—A Legal Analysis of "Administrative Adjudication Power Relations" argues from different perspectives the unique nature of administrative adjudication power, distinguishing it from criminal and civil adjudication power, and includes novel and insightful views. [Editor's Recommendation] Preface Building a Hierarchical Criminal Proof Standard; The Spirit of the Citizen Society and Criminal Procedure Law; Analysis of the Functions of Criminal Procedure—Discussing the Relationship Between Values, Norms, and Functions; On the Principle of Separation of Criminal Defense; Practical Examination of Proof Standards; French Judicial Supervision System and Its Implications; Civil Procedure Law Edition A Preliminary Critique of the Administrative and Corporate Tendencies in China's Courts—Taking Civil Litigation as a Starting Point; The Harmony of Efficiency and Procedure; Admission and Related Legal Practice Issues; Issues and Countermeasures in the Adaptation Process of Civil Simplified Procedure—Taking the Two-Level Courts of Jinhua City, Zhejiang Province as a Case Study; On the Practice of the Hague Convention on Civil and Commercial Jurisdiction and Foreign Judgments (Draft) Regarding Preliminary and Preservation Measures and Jurisdictional Issues; Research on the Non-Friendly Forum Principle; The Document Production Order System in Japanese Civil Procedure and Its Implications for China; Administrative Procedure Law Edition On the Nature of Administrative Adjudication Power—A Legal Analysis of "Administrative Adjudication Power Relations"—Part One.