Proceedings In The Substantive Law And Procedural Law

In the process of reformation from Planned Economy to Market-Oriented Economy in china, the civil law kept perfecting in order to protect the Market-Oriented Economy with law. However, as the reformation goes on and Market-Oriented Economy was established, the reformers have realized that the rising dispute would not disappear if we depend on the civil law lonely, and the conflict between civil procedure and civil law for unbalanced development will make the situation worsen. Just under this background, "civil procedure" went into the eyes of lawyers in China as one kind of "needs", and it became a hot topic in the field of civil procedure in 1990's that what's the right relation between civil law and civil procedure, then articles related to it came on.In fact, the relation between substantial law and procedure is an immortal issue, it will not be ended for our discussion .The relation between substantial law and civil procedure coincides with the social background, so it's meaningful to discuss it for Chinese society is in reforming now.This article is about 40000 characters, and includes three parts, it was:The first, the foundation and development of substantial law and procedure in litigationIn this part, "the foundation" and "the development" will be discussed separately. "The foundation" will be embodied in three degrees:l, entity and procedure. 2, litigation and law. 3, substantial law and procedure. Although the road of development couldn't be so clearly, but it can provide a roadmap of the development for us. After that, I will further clarify the concepts above through the forth degree—"substantial law and procedure and the concepts related " to define the meanings of each basic concept, which includes: (1) litigation and rules, law of litigation and procedure law ; (2) rules and procedure law , entity and substantial law, litigation and law of litigation ; (3) the...