Civil Procedure Law — Principles, Practice, and Operational Environment

Author: Su Ben et al. (USA)
Publisher:
Publishing Date: Not available
Features: It is a great pleasure for me to see this casebook translated into Chinese and presented to Chinese readers. I have taught Civil Procedure Law in China before and understand how diligent, thoughtful, and active Chinese law professors, judges, lawyers, and law students are when studying 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 shape my understanding of Civil Procedure Law. First, I am deeply curious about the relationship between Civil Procedure Law and literature: which parts of the parties' stories should courts consider and which should be ignored. What is the difference between this and the question faced by novelists and historians? Second, 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 to consider literature, power, and fairness in civil procedures and litigation, and it is worth pondering carefully. Wishing everyone the best in your studies!