Exploration and Conception: Introduction to Civil Judicial Reform

Author: Zhang Weiping
Publisher:
Publish Date: 2003-04-01
Features: Civil judicial reform is a grand topic and also a vast research project and practical undertaking. It is impossible for an individual to systematically and comprehensively think about and study this grand project with their personal intellect, energy, and time. Given this, the author has chosen to explore some relatively less prominent issues in civil judicial reform. These issues are also those the author has been concerned with and reflected upon for a long time. Civil judicial reform remains an important or even the most important field in civil litigation procedures, as it embodies the characteristics of civil justice. Researching civil litigation is also the author's professional strength, hence this book focuses more on this aspect, reflecting the author's recent research findings in this field.
Civil judicial reform has evolved to the present stage, and to achieve significant progress, it cannot be confined to the existing legal framework; it must be realized through legislation. Therefore, one of the most important aspects of civil judicial reform is the amendment of the "Civil Procedure Law." It must be acknowledged that although China's "Civil Procedure Law" has indeed played a very important role in resolving civil disputes, due to the background and philosophy at the time of its formulation, China's civil litigation system has not fully reflected the characteristics of civil litigation and cannot adapt to the modern development requirements of civil litigation. The current civil litigation system is a product of a non-market economy system. For the development and improvement of the civil litigation system, it is necessary to amend the "Civil Procedure Law" to make it adapt to the needs of modern civil litigation. To amend the "Civil Procedure Law" to meet the needs of modern civil litigation, it is necessary to eliminate the inherent constraints within the original system. In this section, the author focuses on analyzing the manifestations and causes of this systemic constraint and preliminarily points out the basic path for system reform.