Civil Procedure System

As a civil legislative establishment regulating and restricting the means, methods and steps of court, litigants and other participants in. the litigation, as well as a kind of legal formula and rule defining the right exercise and duty performance of all litigious subjects, civil procedure is the main content of civil procedure law and civil procedure system. It can be said whether the civil procedure is designed perfectly, completely, scientifically, reasonably and logically determines the function of civil procedure law and the whole civil procedure system. Therefore, as far as the reform and perfection of civil procedure law and the legal system of civil procedure in China are concerned, the reform of civil procedure system is undoubtedly one of the most important contents.As one of the necessary rules for the resolution of various civil and commercial disputes by means of litigation, the existing civil procedure system in China was constructed and formed at the beginning of the 90s last century, while many of the views and ideas, which dominated and influenced the establishment of this system, derived from that developing in the remote past and under the planned economy system. However, these ideas and views developing in the traditional small-scale peasant economy and planned economy system, as well as the civil procedure system formed and established under the guidance thereof are quite incompatible and inharmonious with the demand of dispute resolution mechanism by means of civil procedure in the reality of China. This contradiction between the social demands in reality and the establishment of civil procedure system makes it inherently reasonable for China to reform its civil procedure system. Besides, in .the surging waves of civil procedure reform since the World War II, the rationalization, personalization and individualization tendency of civil procedure establishment demands that China society, which is open in an all-round way and which has merged into the economic and legal development of the world, conform and adapt to the reform trend of civil procedure law in the world. This makes the reform reasonable as far as the external demands are concerned. But how to reform? It may be said that the opinions are widely divided in the academic circle where various views and ideas appear. However, in the author's opinion, the reform involves not only the procedure system itself, but also the examination and analysis of problems existing in modern civil procedure system, in the perspective of social history as well as the economic, political and humaneenvironments in reality and the legislative consciousness and ideas. It is just based on this thinking that the article is divided into the following five parts.Part I, "the history of civil procedure system in China". In this part the author mainly describes the traditional civil procedure rules in the history of China, as well as the effects of the procedure establishment ideas and views on the existing procedure system. It is necessary for any legal system to be constructed and formed under the influence of some traditions. Therefore as an intangible force, traditional views and ideas always dominate and influence the construction of the legal system in reality to some extent and in a given scope. So in this sense, the study of history will not only clarify the origin and development and historical contributing factors of the problems in procedure systems, but also make it possible for us to understand these problems more thoroughly and ponder the procedure system reform more rationally.In this part, first the article gives a brief summary of relevant civil procedure rules in several main periods of China history from the Western Zhou Dynasty to the Qing Dynasty in the perspective of historical development. Second, the article points out that the five outstanding characteristics of the whole China feudal civil procedure system are the fallowings: 1. There was no independent civil procedure code; 2. The establishment of civil procedure was simple and d...