Civil Procedural Law And Justice In The Visual Angle Of Ancient Greece

The question of justice is one of the essential question of civil procedural law and it is the very important value request of civil procedural law and at the same time it is the root of civil procedural law . However , the question has not really been asked and answered in the neoteric and modern civil procedural law , consequently , this paper try to explore the question in the visual angle of Classics and ancient Greek civil procedural law .There are very little research in the procedural law of the ancient Greek both interiorly and abroad , however , the research in this field is not so unimportant . In China , the history of the procedural civil law is just the history of learning from western culture , just as in the field of the rule of law since neoteric and modern , at the same time , it is the expeditious history of westernization and modernization (and the conflict and blend in cultures)——the academy in China is shrouded in the western academy , without exception in the field of civil procedural law . The reformation and development in Chinese procedural law is bound up with the understanding in western procedural law . In a very long time , we have payed more attention to learn and research the neoteric and modern western legal culture , on the contrary , we relatively ignore and neglect the western classical culture . The ancient Greek culture is just the western classical culture and it is the source of western culture ,more important , it is the only ancient culture which came forth democracy , consequently , the civil procedural law of the ancient Greece is very important for us both in understanding western procedural law , reflecting the the influence of democracy to procedural law and explore the question of civil procedural law and justice .There are four sections in this graduation thesis including the preface, and about 30,000 words .The preface give a description of the general situation of the question of civil procedural law and justice in the context of interiorly and abroad and why choose the ancient Greek civil procedural law as the angle of exploring the question . The first section describes the ancient Greek procedural law in the archaistic period . In this period , it lefts no pure legal text but tow great books which influent the ancient Greece and the later ages deeply . For this reason , this section try to represent the wisdom of procedural law in this tide through commenting the trial and lawsuits in this two books . The archaistic period is a unity of gods , genarius and heros and the unity of politics , religion and law . The people in this period obey the gods or the agents of gods , the basileus and histors ,their trial and justice are theodicy ,and the trial is almost the justice , the justice is almost the trial in this period .The second section describes the ancient Greek procedural law in the classical period . In this period the Athenian democracy had a very rapid development and affected the Athenian procedural law deeply . Firstly , the section detailed describes the transformation of Athenian procedural law in relation to the transformation of Athenian politics ; secondly , this section also describes the characteristics of the Athenian courts : object and equitable procedural designing , the trail by jury and the parties as the center of trial because of forensic oratory and so on ; at last , this section describes a suit in a play of Aristophanes——an Athenian famous dramatist , for a more vivid comprehending to the Athenian courts .The third section describes the transformation of ancient Greek procedural law from the iarchaistic period to the classical period , and analyzes the reasons of the transformation . Firstly , the section gives a general survey of the transformation from the angle of changes in the forensic evidence in Athenian courts , especially the "law" and the " oath" ; secondly it analyzes the affection from the transformation of politics and relations between aristocracy and demos ; and at last , it analyzes the essential reason of the transformation : the tension between enlightenment and tradition .The forth section comments the great efforts of Plato who are a classical political philosopher in recalling the "justice" ,which is the roots of law and procedural law .