Study On The Juridical Function Of Basic Principle Of Civil Procedure Law

In China, basic principles, which are established in the first chapter of civil procedure law, play an important role in the judicial field. But the basic principles, especial the juridical function, have not been taken much attention.The concept and characteristics of juridical function of the basic principles in civil procedure law are studied at the beginning of this dissertation. Then, the origin, viewpoint and conclusion of juridical function of the principles in the typical foreign countries are studied. After that, the juridical functions of civil procedure law's basic principles are introduced. Finally, the realization of the basic principles and way of improving are discussed.There are many flaws in the basic principles, which result in many defects of the theory and practice of civil procedure. So it suggests that we should have more study on the systems of civil procedure. The defects of statute law of civil procedure are improved, the function of revising rules are enhanced, the authority of jurisdiction are built up and the balance of civil procedure systems are safeguarded from the study on the juridical functions.