The Position Of Basic Principle In Civil Procedure Law

Basic principles of the Civil Procedure Law plays an instructive role of civil procedure activity, it is the important role of the Civil Procedure Law and determines its important position on the legislative style. In this paper, it considers the controversy over the basic principles of the Civil Procedure Law and learns from the successful experience of the status of basic principles of the Civil Procedure Law in other countries. It considers the fundamental principles of civil law in the characteristics, functions and analysis current lack of the basic principles of Civil Procedure Law. Finally, it makes the recommendations on the status of the basic principles of Civil Procedure Law in the legislative system.In addition to this introduction and conclusion, it is made up of four parts, totaling more than 20000 words.The first part, as the beginning of the whole thesis, first it introduces on the understanding and definition of the principle in the legal, and highlights the principles of the concepts, characteristics and significance. Then it summarizes the accepted definition by the comparison of the various definitions of the basic principles in the theory. On this basis, it indicates the features and functions of the basic principles of civil law that most scholars now generally accepted. This section is the basis for the following basic principles.The second part, it proposes legislative style of the Civil Procedure Law and the relevant provisions of the legislation on basic principles in the Civil Procedure Law of the style in other countries. In this section, it mentions the United Kingdom, the United States, France, Japan, Germany and the Soviet Union, the summarized the legislation in the style of the Civil Procedure Law about the basic principles at present by the comparison of these studies in several countries: some countries clearly defined the basic principles in the Civil Procedure Law, however, the other countries do not directly regulate the basic principles in the Civil Procedure Law. Just let the basic principles exist in the theoretical stage, and guidance to legislate. Finally, it analyzes their strengths and weaknesses.The third part, it focuses on our country's legislative system in the Civil Procedure Law and the problems, First it mentions the history of legislation Code of Civil Procedure enacted in our country and their style. Then it explores the contents of the current Code of Civil Procedure, style, and the problems one by one. The fourth part, it proposes how to improve the basic principles of legislative style in the Civil Procedure Law, Based on prior to the definition and comparison of various countries in the Civil Procedure Law, it proposes that we may not directly regulate the fundamental principle in the legislative system in China Civil Procedure Law that no longer clearly define the basic principles in a certain chapter.