Reunderstanding of the Relationship Between Civil Procedure Law and Civil Law--Based on the Investigation and Analysis of the"Right-Action Framework"
Substantive right of claim serves as the link and bridge connecting civil substantive law and civil procedural law.Through this link and bridge,civil substantive law has a predetermined and constraining effect on the civil procedure system,thus forming a"right-action framework"connection between the two.The"right-action framework"has a direct impact and decisive role on the action subject,action object,claim and defense,action change,action merger and separation,fact finding,action evidence,adjudication method and judgment effectiveness in civil action.This structure imposes certain limita-tions on the autonomy of the civil procedure law,leading to a certain degree of passivity in the construc-tion of the civil action system.Investigating and analyzing the mechanism of this structure on the civil procedure law is beneficial for people to have a clearer and deeper understanding of the inherent rela-tionship between civil law and civil procedure law and to have a clearer understanding of the bound-aries and development direction of the autonomy of civil procedure law.
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