The Legislative Defects and Improving Ways of Civil Litigation Taking System of China——Learning from the Japanese Civil Litigation Taking System

Civil litigation taking is an important civil litigation system which has a mature theoretical foundation,and has been used widely in judicial practice,but the Civil Procedure Law of China has not made a specific legislation of it,its application scope is too limited and the procedure rules are lacking.Japan,which has a very similar legislating origin with China,has made a detailed provision in its New Code of Civil Procedure,which forms a scientific system with high practability.China should absorb the valuable legislative experience of Japan,to build and improve our civil litigation taking system from two aspects—the scope of litigation taking and the procedural rules' construction.