The Practical Imbalance Of China's Civil Procedure

As a formal institution, the legal rules always have the characteristic of rational and formalization. Due to the usual disaccord between its pre-anticipation and the logics of social lives, the legal rules'ill-functioning in many cases can commonly understood and accepted. However, the ill-functioning of the legal rules, as is aforementioned, exists outstandingly in such an abundance in China's legal system, which is far from a normal and usual scene. Generally speaking, for scholars endeavoring to solve"the Chinese conundrum", there always lies an effective approach, that is: to study China's own problem based on its virtual practice, and transfer the"tiny teachings"in western countries into"significant guidance"in China. This thesis is right focused on the unbalance and dissimilation in the operation of China's Civil Procedure institution. From a framework concerning the relationship between Law and Society, the author tries to build up an effective analyzing module or researching route, to explore the very reasons of the phenomena of unbalance in China'Civil Procedure institution, and to grope the reforming directions under this circumstance.This article is divided into six parts: First is the term used in the formulation is briefly defined and the imbalance was a brief typed summary of the reasons for the imbalance and then made a framework for the analysis, constitute the theoretical part of this article ; second chapter from the affect the effective operation of civil litigation system factors balanced start to discuss the system and theoretical pre-generated problems; third chapter starting from the social elements of that type of stress is caused by the system to run modern movement of social imbalance foundation; then the previous chapter, Chapter IV continued the discussion, pointed out that the system of civil litigation system, leading to structural contradictions in the institutional imbalance of the reasons for running; Chapter witnesses to the mediation system and the imbalance as the starting point of the system The two sub-system has been analyzed, then pointed out that the path of reform should balance; Furthermore, aside from all abovementioned contents, in the Postlude of this thesis, the author supplementally provides some concise responds to the questions concerning Values, which the author, in fact, has sidestepped purposefully in the main body of this thesis.