On the Jurisprudent Qualities of Civil Procedure in China:with a Discussion of the Relationship between Jurisprudence and Legal Doctrine
Chinese civil procedure has undergone a change from exegetical jurisprudence to normative research.As normative research transcends legislation and practice,civil procedure doctrine is promoted,which is affected by jurispru-dence department and disciplines of special law fields.The constrained stage of development of Chinese civil procedure considered,especially the transformation to the adversary system not yet finished,there is a danger of alienation in the doctrine of civil procedure law.It is reflected in the underestimation of theory as a guide to practice,the blind adherence to legislation and judicial practice,the dissolution of the hard-won theoretical consensus on litigation and the systemic risk of a return to an ex officio litigation system.Civil procedure doctrine,trapped in exegeses and empirical analysis,will exhaust its ideological system and degenerate to a pure knowledge system,and finally a devolution from deep science to shallow science.Full recognition and implementation of adversary system,realizing the pan-existence of jurisprudence in the legal system and in trial practice are both the useful experience in the transformation of China's civil procedure sys-tem and the path to civil procedure law doctrine in Chinese-style modernization.
adversary systemnormative researchempirical researchlegal doctrineopposition by a third party
NETL
NSTL
万方数据
