The Political Basis Of The Civil Procedure

The relationship between legislation and politics is an old issue in the legal fields. But as a rule of law—civil procedure law , its relation to the politics is seldom discussed. Therefore, I try to explore the mutual influence between the two in comparison with the foreign, which can provide a perfect new idea for our country. This paper is divided into four parts. First: the general relationship of the civil action and the politics. Mainly arising from the relationship of legislation and politics, we know that politics is the basis for the civil action, which will be affected by the civil action, too. Second: The linking of the Constitution and all elements of civil action in the western view. Learning from the advanced experience of the western developed countries, we can find points of the civil action and the politics from the civil jurisdictional limits,jurisdiction,fundamental litigious right,public prosecution and all the other aspects. Third: The analysis of the current political life and the civil action in China. Try to analyse the relationship of the political life and the civil action from our system design and the actual situation in our country today. Fourth: The basic trend of civil action against the background of Chinese politics. Given the decisive influence of politics on the civil, we can consider the impact on civil action from some important political factors, and meanwhile, anticipate the underlying trend of civil action in China。...