On The Evolution Of The Value Orientation Of Chinese Civil Procedure

The value of civil proceedings is the expression of the law value in the field of civil proceedings. The value analysis to the civil proceedings should be carried on in the relationship between the subject and the object In our country, people of different times have widely different value tendency in the civil proceedings . This essay tries to analyze the value tendency in the civil proceedings in different times in China at the base of making use of theories about jurisprudence value and inquiries into the variety and development of the value tendency in the civil proceedings ,hoping to be of certain use to the formation of people's right litigation view and the present civil judicatory reform.This essay mainly consists of the following five parts.In chapter 1, the concept of the value of the civil proceedings is introduced in by analyzing the value and the law value, then introduces two different standpoints of the civil proceedings classification and what the write agrees with . The civil proceedings are divided into the inside value and outside value. The procedure justice value , benefit value within inside value and order value and entity justice value within outside value are simply analyzed.Chapter 2 studies the characteristics of the Chinese ancient civil proceedings culture first, that is pursuing harmony, ignoring rights, keeping ethics, and neglecting procedure. The special traditional litigation cultural ideas have become special litigation pursuit in China . The article tallies up the characteristics of the value tendency - order value is in the core position, the pursuit of order value is previous to the pursuit of justice value and benefit value. The order is the point of departure and terminal of the civil judicatory. The judicial officials regard the maintenance to the national political order as the most important target in the civil proceedings . Then the article carries on a study to the advantage and the shortage of the traditional ideas about civil proceedings.Chapter 3 deals with the value tendency of the modern Chinese civil proceedings, including the legal system reform period in the late Qing dynasty and the China republic period. First the essay analyzes the changes of a series of "new" legal system and the issue of...