Prosperity And Reflection: Quantitative Analysis Of The Civil Procedure Law

As the study of the science of Chinese civil procedure lawprogressed considerably, some scholars began to take retrospections orreflections on it, such as professor Chang Yi. This kind of style wasfollowed by this thesis.It was particular that the reflections of this paper were based onstatistical analysis of citations. In order to obtain those statistics which 1used to support my arguments, seventy papers from five symposia werecollected. The numbers of each paper's citations which pointed todisciplines external to the science of procedure law were calculated byhand and analyzed.It had been proved statistically that the current study of the scienceof Chinese civil procedure law was the paradigm which not onlyconfined to but also centered round the discipline itself. At the presenttime, the kind of paradigm was defective for the ignorance of theintegrity of human's knowledge. So it made the legal writing of thisdiscipline had little exchange with the outside world, it insulated itselfagainst other disciplines, such as jurisprudence and the science of civillaw, not to mention the humanities and other social sciences. This waswhy usually we felt the legal writing of this discipline arid, uncreative,and tedious and lacked of vision. That pattern of writing was both tooabstract and too specialized to read. So we must do something to changethis situation instantaneously, and the proscription typically offered wasa shift towards interdisciplinary scholarship.We said that procedural law was relevant to most aspects of publicand private life; it was a human construct embodying political,economical and moral elements. Since the legal order was not isolatedfrom the social order which it was a part, to understand fully the role ofprocedural law, it was necessary to borrow methodologies that wereexterior to conventional legal study. Fields outside procedural law, justspoken of economics and sociology, provided analytical and conceptual techniques which may be used to broaden perspectives of it. Increaseduse of interdisciplinary approaches should therefore enhance a betterunderstanding of procedural law as a social practice, rather than deadwords on paper.Hereto the thesis prophesied that there would be a growing interestin interdisciplinary approaches for circles of the science of Chinese civilprocedure law. And approaches would become diversity in future. Thatmeant, when a research was carried out, the techniques and approachesborrowed from social sciences and the humanities would then enhance adeeper and broader understanding of procedure law, also its relationshipto society, culture and economy.In this paper, 1 also prophesied that the rise of interdisciplinaryapproaches study and conventional legal study may not normally atcross-purpose; both of them can coexist harmoniously in future.Thus the study of the science of Chinese civil procedure law shouldbe opened to the outside world. Simultaneously, scholars of the circlesof the science of Chinese civil procedure law using differentmethodologies should come straight to each other without biases orprejudice and should speak frankly and sincerely about academicproblems. It is the freedom of anybody to choose methodology ormethodologies which were best suitable to him.Some weaknesses of this thesis were pointed out finally. I tried mybest to solve the problems in this thesis, but not very successful, 1 wouldlike let them to be settled down in not too distant future for furtherresearch.