A Study On The Interpretation Of The Civil Procedure Law Of Dali (1912-1928)

From 1912 to 1948,society under the rule of the government of the republic of China,is a kind of never cease the structure of the turmoil,regime change frequently,make whole society lack a way to integrate the power rich resources of the earth.The development of modern civil procedure law started in the late Qing dynasty.In the late Qing dynasty,it simply imitated Europe and America.From 1912 to 1928,17 years,the society under the rule of the northern warlords severe turbulence,accompanied by social unrest,also occurred the change of the judicial system under the new regime,the government successively promulgated various code,there are plenty of law produce a lot of trouble to the society,marble courtyard as the highest judicial organ,during this period should be right,with its authority to guide the practice of the civil litigation law.In the early period,explain the case as a special marble courtyard exercise the power of legal way,has the extremely important function: a,set up the highest judicial organ in the early days of the authority of the marble courtyard exercise unified law;Ii.Establish legal sources in the early republic of China;3.Help to form regulations;Iv.Practical implementation of the principle of law.This article focused on the early period of the civil procedure law explanation example,through the interpretation of the civil litigation law cases,explore the legal interpretation to the later period of Nanjing national government formulated a more perfect the guiding significance of the civil procedure law.The writing of this paper is divided into seven parts as a whole:In the first part,the author analyzes the causes of civil action legal interpretation.In the early republic of China,the absence of civil procedure law in legislation and the lack of the quality of the judges in legal practice have made it necessary to produce cases of interpretation.Prior to 1913,there had been a "ministerial dispute" between Dali and the ministry of justice over the subject of legal interpretation.The second part,to explain the basis of the code of civil procedure or with the color of the civil procedure law to interpret the articles of association,and a detailed understanding of the early period of guiding social procedure system running code.The third part,explain example is peculiar to a form of legal interpretation in the early period,this chapter mainly introduces the meaning of their occurrence,and marble courtyard around to face the problems of the interpretation of the petition,explain the case,and explain the specific operating mode.The fourth part,explain the case as a means of Dali court for legal interpretation,and explain the interpretation of the process must follow certain principles,through the explanation process should follow the principles of generalization,can help us better understand explain the positive role.The fifth part,there are many ways for Dali to make legal interpretation.This chapter summarizes the interpretation methods by combing the relevant cases of civil procedure law.The sixth part,the civil procedure law explanation case,the jurisdiction of the problem is particularly prominent in the carding of historical materials,the jurisdiction includes the trial jurisdiction,jurisdiction,the jurisdiction of the land,agreement jurisdiction,the designation of jurisdiction,etc.And geographically,because in the special period of the republic of China,made in a petition Dali interpreting geographically,there will be more obvious concentration,through a study of the reason to explain this phenomenon.The seventh part,Explain cases appeared in the early period of facing the actual needs of society,to appease conflict Dali overview of the process,but released from explain example,to the final guide the practical application of the civil procedure law,which produced by the experience and lessons of Nanjing national government period of form a complete system "," six method is extremely profound influence.