On The Constitutionalism Dimensionality Of The Civil Judicature

The choice of the institution in contemporary China is of dual significances, one is to bring the lasting development of economic and the stable orders, the other is to realize the aim to protect human right and promote individual's happiness. The lasting renewed substantial law system embodied these two significances. On one hand, the fruits which were brought by the reform of economic have been continuously written in the constitution, on the other hand, the number of the clauses to protect human right is increasing and individual's status and right have greatly changed. Driven by the choice of institution, and based on the background of judicatory reform even on the political reform, this essay tries to testimony the dimensionality of the civil procedure so as to erect the frame of reference for our civil procedure reform.The logical thought is: there is possibility to think the relationship between civil procedure institution and the constitution under the constitutional dimensionality, and then base on this analysis and exhibition to examine the civil procedure reform in China. The thought of this essay is not limited to the field of procedure law, but based examinations on the background of"uniform public law".The essay consists of five parts. They are Introduction, Three chapters and Ending in turn. The arrangement, on one hand, is to emphasis the aim during the course of modernization so as to gain this essay the status on specific time, space and specific history scene, on the other hand, it consists of the hard working of intercross research between the subject of the constitution law and the civil procedure.In short, this essay bears the weight of such hard working and request: looking the civil procedure institution as a part of the public law, making it as one of the institution guarantee to protect individual's liberty and right, realizing and promoting the value of the constitution law by this guarantee. Moreover, this essay tries to erect a solid theory of civil procedure.