Discuss On The Basic Categories Of Civil Procedure Law

The basic categories of civil procedure law are the higher categories which respect the main fields in the research of civil procedure law , reflect the inner natural law in civil procedure law, influence and lead the existence and development of other categories in civil procedure law. The basic categories of civil procedure law are: Subject category, Core category, Legislation category, Jurisdiction category Philosophy category.This thesis put forward four core categories in civil procedure law which are litigious right, litigious duty, judicial function and judicial duty of civil procedure by thinking about the traditional"litigation right–– litigation duty"pattern and"lawsuit right––jurisdiction power"pattern repeatedly and analyse their defects. Meanwhile this thesis analyse their relationship especially the relationship between the judicial right of civil procedure, judicial duty of civil procedure and judicial power of civil procedure deeply. Besides it , the author also discuss the other basic categories of civil procedure.This thesis does research in those categories comparatively and systemically by linguistic, historical, logical method. Discuss the definitions and characters of the basic categories, the author approach some theory problems related to the basic categories of civil procedure law.