Study On Unification In Legislation Of International Civil Procedure

As the development of the current international civil and commercial communication, international law of civil procedure is confronted with tremendous changes. The rocketing advancement of science and technology, the booming rise of the intellectual economy, together with the overwhelming trend of globalization, put forward a rare opportunity, at the same time, a huge challenge to the transformation of the international law of civil procedure, and the opportunity and challenge indicate the emergence of the trend of unification in legislation on international civil procedure.The law of international civil procedure is to fulfill the justness and justice among parties; however, divarications in civil procedure among different countries will inevitably affect the justice, which definitely will run counter to the globalization. Therefore, the inner harmony and unification among international civil procedure must be fulfilled in order to guarantee that parties can predict better the consequence of their international civil behaviors, to promote the further development of international civil and commercial communication, to implement the goal of justice when handling international dissension. In the current world, legal cultures spread abroad and exchanging with each other in an unprecedented pace and scale; various international organizations are engaged in the extensive cooperation of the international societies; the comparative law is undergoing an overall rise and development. All the above factors will effectively promote the unification process of international civil laws.Upon such trend, an international program, Principles of Transnational Civil Procedures, bursts into exist. The program, initiated by the America Law Association and the International Institute for the Unification of Private Law, absorbs experts, scholars in civil procedure law all over the world, aiming at harmonizing specifications in international law of civil procedures among countries, providing a whole set of fair procedure system to the litigants who are involved in civil lawsuits due to international commerce and trade. This article focuses on the introduction of the legislation process of Principles of Transnational Civil Procedures, and analysis of terms in the Principles, which expectedly can offer advices on the recension of the international law of civil procedure of China.The article consists of seven parts. The first is a brief introduction of the Selection background, current study process, study purpose and methods. The second part is the summary of the unification in legislation on international civil procedure, briefly introducing relevant history and current development, analyzing the opportunities and challenges it encounters, focusing on the introduction of the legislation process, achievements and purpose of the Principles of Transnational Civil Procedure. The third to sixth parts contain the major points of this article. On the basis of the contents of the Principles of Transnational Civil Procedure, these parts analyze the terms of the Principle in the perspective of international judicial guarantees for human rights, and mainly point out the active role the Principle plays in protecting the justice that the parties should enjoy during the suit process. The illustration focuses on the how to achieve the judicial justice effectively. The seventh part studies the legislation on international civil procedure in China, analyzes its current situation and imperfection, emphasizes the relationship between human rights and amendment to the international law of civil procedure in China, and points out the guidance that the Principles of Transnational Civil Procedure can do to the perfecting of the law of international civil procedure of China.Since China carried out the open and reform policy, international civil suits keeps increasing. As the major law for such cases, Civil Procedure Law of People's Republic of China speculated rather general and hidebound contents in international cases. The causes lie in many sides, both traditional and real factors, subjective and objective factors; however, it still has something to do with the reality that the participants in the legislation of the Civil Procedure Law are all domestic scholars instead of international experts.To perfect and reform the international civil procedure law in China, it requires a concrete and specific guidance principle to come into being according to the overall development trend of the international law of civil procedures. In terms of this, the Principles of Transnational Civil Procedure which initiated by the combination of experts from two major systems in civil procedure law, undoubtedly is a weighty example for reference. The Principle inherits a basic concept-- justice which fits in handling disputes according to the modern law system. The majority of modern law systems can implement the principles though relatively moderate amendment to their local civil procedure law. The Principle endeavors to combine the best element in the traditional party-centered procedure of the Common Law System with the that in the judge-centered procedure of the Civil Law System, tries to express the involved terms thru compatible concepts in all law systems in order to bring convenience to scholars, executants and those interested in the program to carry out further study in more and more countries; therefore, it will inevitably offer great help in the perfecting of relevant laws and speculations of China.