Issues On the Distinction between Litigation on Fact and Litigation on Law in the Civil Procedure

Hideo Nakamura,a Japanese scholar who is studying civil procedure put forward that litigation on fact or litigation on law in civil procedure is the essential distinction between common law system and continental law system.Different theoretical systems engendered by the above distinction result in the difficulties of borrowing theories of litigation.The division between litigation on fact and litigation on law in the civil procedure is a hypothesis which mainly can not be proved through the analysis on the origin of civil procedure and the grounds held by Mr.Nakamura.The civil litigation is going according to syllogism and its essence is to apply present law for the solution to the disputes.