The Analysis On The Civil Procedure "a Litigation Nine Conditions To Ignore" During The Period Of Nanjing National Government

All civilized society requires the human to exercise the rule of law,and use it to governthe World,whoever their actions of daily life behavior have a close relationship with the lawwithout exception.Sun Yat-sen declared to the visiting reporter in the office of the President ofthe interim government at the beginning:"At the beginning of the building of the Republic ofChina,we should put the legal in the first place." During decades of the revolution,althoughthe regime changed several times,the Republic’s rule of law was able to keep back andgradually develope.To the period of the Nanjing National Government, simply from the viewof the building of system of laws,the legal was not second to Europe and the UnitedStates.The civil law have the most close relationship with the common people in variouslaws.The contract and the lending transactions were all concerned about the national people’slivelihood.The Nanjing National Government formed a sound legal system to follow theexample of the Western powers.Since the reunification of the country,the Nanjing NationalGovernment proceeded to the establishment of the "Six Laws System",Civil Procedure Lawwas one of the important and essential part.In general,the people who felt vital stake for government agencies was the Court. Inthe Chinese society during the stage of Nanjing National Government,people had a reallyharsh and unbearable impression with the court.Although a lot of national laws were enactedand there are many provisions,it made people feel increasingly restrict and the law was strictand complicate.National Government spent a lot of money to establish the Court and createthe court,but people just sensed it was better not to ask the court.The motto:litigation is thefinal harm was terminated to be regarded as the supreme golden rule.One of the reasons whythe people did not want to provoke the court was that the conditions of admissibility of thecourt of civil cases were very strict during the ruling stage of the Nanjing NationalGovernment.The Court must carry on the procedural review when it accepted civil cases.If theconditions did not comply with the statutory procedures,the Court would not accept thecase,which include the substandard jurisdiction,not pay the legal fees,no complaint,bis inidem,having set up a settlement,the third trial of non-illegal grounds of appeal,the parties notidentified,no legal agent and the prosecution out of order.All of above are collectively referredto "a litigation nine conditions to ignore". The academia had identified that those civil action proceedings were disregard of theinterests of the masses and greatly limited the litigation rights enjoyed by the masses ofworking people.But today,this evaluation is biased. The reason why people criticized "alitigation nine conditions to ignore" may be that cultural differences between Chinese andWestern law,or the old legal concept of the judge,or improper administration of the law of thegovernment.In the modern China under the press of natural disasters and man-madedisasters,already leaving little gossamer-like atmosphere,we should not allow the law to linethe nail in the coffin of things,and made the judicial afford the burden of this the quackmurder signboards.