From The Comparative Perspective Of Legal Culture, The Concept Of The Proceedings Of The Chinese People

The establishment of the rule of law society, not only need to draw up the perfect law system, but also should set up the right litigation idea, both can't lack. The litigation idea affects the implement of the law system, the law system then guides the change of the litigation idea. Therefore, in current such changing ages, we not only reform the unpopular place within existing system, also renew the existing outworn idea, and the latter is particularly important in the civil procedure. The right litigation idea can provide the support on the principle for the modification of the civil procedure law also.Be enlightened by the standpoint that " treat the law culture as a kind of position and methods" that Liangzhiping mentioned, and in consideration of near concern between the law culture and the litigation idea, I treat " the law culture" as the methodology of the litigation idea research. On the treatise of the article, adopt various research method, such as the method of the history, prove the certificate standpoint with the historical data; comparative method, don't limit at" look for the difference", also pay attention to" look for the same", thereby look for the proper reason for a great deal of law transplants in the civil procedure law; And the method of the method sociology, carry on the analysis of the substantial evidence.From the law cultural, research the litigation idea and the reform of civil adjudication of the our country and the modification of civil procedure law, this is still a novel trial in the civil procedure theories study of our country. The theatise lay particular emphasis on reseaching the history and changes of the Chinese litigation idea, and put forward how civil procedure law of our country should amend on national transformation's period. To this, mainly discuss from following aspects:Chapter 1, Commence from the main research object-the litigation idea, analyze the concept of the litigation idea, lead the main characteristic of the litigation idea, and according to the different standard, carry on the classification to the litigation idea, at the same time, elaborate important meaning that research the litigation idea, and its method and range of research. Chapter 2, From the methodology, compare the law culture of China with that of the west, and reseach them. Generalize four differences of the law culture of China and that of the west, thus, provide the theories foundation for the following text that analyze the concrete situation of the litigation idea of our country people.Chapter 3, From the angle that the history investigate,analyze the formation reason of" be disgusted with the litigation " --the main aspect of the litigation idea of traditional Chinese people. At the same time, noticed that there also once appeared the idea of" like the litigation " in a certain period and a certain place in China ancient, and try to explain this phenomenon.Chapter 4, From the realistic analytical,explain how the litigation idea of our country people changed on the national transformation period, along with various influence the variety of the factor that the litigation idea formation. Namely, on one hand people believe in various function of the litigation, but on the other hand ,people again start to look for the other ways that solves the dispute.Chapter 5, According to the analysis of the litigation idea of our country people on the ex- text, put forward how civil procedure law of our country should amend, set out from the party , put forward perfect suggestions that reform the way of civil adjudication and amend civil procedure law on the tiny view.