2007Unpublished venueRequires access

Modernization of Civil Procedure Legal System and Pattern of Litigation's Reconstruction

Cpc An

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Abstract

The civil procedure legal system in China hasn't achieved modernization but still has certain distances. The inappropriate pattern of litigation is an important reason for it. Establishing appropriate pattern of litigation, combing smoothly the relation between litigation right and judicial authority, and disposing the jurisdiction of the parties and the court appropriately would contribute to the civil procedure legal system, to promoting the development of civil procedure legal system, and finally realizing the modernization of our civil procedure legal system. The appropriate pattern of litigation is just the cooperation pattern of civil litigation.

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What this paper is about

The civil procedure legal system in China hasn't achieved modernization but still has certain distances. The inappropriate pattern of litigation is an important reason for it. Establishing appropriate pattern of litigation, combing smoothly the relation between litigation right and judicial authority, and disposing the jurisdiction of the parties and the court appropriately would contribute to the civil procedure legal system, to promoting the development of civil procedure legal system, and finally realizing the modernization of our civil procedure legal system. The appropriate pattern of litigation is just the cooperation pattern of civil litigation.

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Available abstract

The civil procedure legal system in China hasn't achieved modernization but still has certain distances. The inappropriate pattern of litigation is an important reason for it. Establishing appropriate pattern of litigation, combing smoothly the relation between litigation right and judicial authority, and disposing the jurisdiction of the parties and the court appropriately would contribute to the civil procedure legal system, to promoting the development of civil procedure legal system, and finally realizing the modernization of our civil procedure legal system. The appropriate pattern of litigation is just the cooperation pattern of civil litigation.

Key concepts: Modernization theory, Jurisdiction, Civil procedure, Law, Civil litigation, China, Political science, Federal Rules of Civil Procedure

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