The Vision Of Human Nature On Civil Procedure

Since the ancient times, human nature is one of mainstream topics in the humanities and social sciences. As one branch of the humanities and the social sciences, civil procedure also should need the discussion of human nature. Considering the subject of civil procedure having civil foundational position in the civil procedure's fundamental theory, as well as the civil procedure's behavior theory having in core function in the dynamic investigation of civil procedure, if we make this question to the civil into the domain of civil procedure, then the investigation of civil procedure under the view of human nature appears extreme necessity. However, looked from the existing literature about procedural law, this indispensable analysis of view is neglected by procedural law scholars in our country. Therefore, based on the view of hypothesis on human nature, the view of substance on human nature and the view of value on human nature, this article is aimed at this flaw and makes a foundational analysis to civil procedure, so as to makes up the gaps in the civil procedure's fundamental theory.