2005•Unpublished venueRequires access

Historical analysis of the relation between the civil substantive law and the procedural law

Yan Le

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Abstract

Looking from the generating process of the ancient Rome law and the British law, though the development of substantive law was unbalanced compared with procedural law in a certain degree ,they appeared synchronously.Concerning the internal logic relations , the procedural law is not able to formulate or develope substantive law.The right and the duty stipulated in the substantive law should not be the result of the accumulation of process, and the realization of the substantive law does not depend on the movement of procedure totally. Therefore, compared with the substantive law, the procedural law still should be the second. The procedural law should not violate what stipulated ,in the substantive law ,otherwise it will violate the substantive law's character.

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What this paper is about

Looking from the generating process of the ancient Rome law and the British law, though the development of substantive law was unbalanced compared with procedural law in a certain degree ,they appeared synchronously.Concerning the internal logic relations , the procedural law is not able to formulate or develope substantive law.The right and the duty stipulated in the substantive law should not be the result of the accumulation of process, and the realization of the substantive law does not depend on the movement of procedure totally. Therefore, compared with the substantive law, the procedural law still should be the second. The procedural law should not violate what stipulated ,in the substantive law ,otherwise it will violate the substantive law's character.

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Available abstract

Looking from the generating process of the ancient Rome law and the British law, though the development of substantive law was unbalanced compared with procedural law in a certain degree ,they appeared synchronously.Concerning the internal logic relations , the procedural law is not able to formulate or develope substantive law.The right and the duty stipulated in the substantive law should not be the result of the accumulation of process, and the realization of the substantive law does not depend on the movement of procedure totally. Therefore, compared with the substantive law, the procedural law still should be the second. The procedural law should not violate what stipulated ,in the substantive law ,otherwise it will violate the substantive law's character.

Key concepts: Substantive law, Law, Procedural law, Public law, Civil law (Civil law), Comparative law, Municipal law, Private law

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