The Study Of The Service Problems Of Civil Procedure Law In China

"Procedure is the heart of law"and the service system is the joint of the procedure. Without the service, the procedure can not lie; without the service, the procedure can not function. The service is the bridge among proceedings. The service is the tache between the substantive and procedure law. The service is the ladder and channel to complete the procedure and implement the tasks of the substantive law.With the change of production mode, the development of economy and the advancement of science and technology, the defect of the service system and the defect of procedural operation began to surface, gradually to limit and block the works of the people's court."Hard to execute the service"became a serious problem which disturbed our judicial practical scholars. In order to improve the efficiency and quality of service, many experts, scholars and judgements have done lots of works, because of the limitation of present laws and regulations; they can not make any great progress. How to design the service system scientifically and how to make sure the function of justice practice according to the design, it is a hard nut which need the academic circle and the justice practice circle to crack.In the dissertation, the author used the method of demonstration analysis and the method of comparatively research to expatiate and analyze the problems as follows: the isochronous development problem between the service system of civil procedural law and market economy, the harmoniousness problem between the service system of civil procedural law and litigation value, the defect lies in the service system of civil procedural law, the operation problem lies in the service system of civil procedural law.On the basis of it, the author has point out the present conditions and defects which lies in the service's legislative guiding ideology and behaviour pattern of the service carried by people's court. He believed the service should follow the principle of justice procedure, participation and sufficient rationality, and should regard adversary system as a criterion, discard beyond doctrine of function and power, take protection of the party's rights as legislative guiding ideology. In the light of these, we should reconstruct behavior pattern of the service in our country, and take epoch, science and rationality for granted on the foundation of our country's conditions. We should...