| The Chinese modern civil procedure law, originated from the "Law Revision" in the late Qing dynasty, developed mature during Nanjing Citizen's Government period. And the Chinese modern civil procedure law was one of the important parts of the "Six-Law" system. The law inherited and developed the legislation achievement of civil procedure law in the late Qing dynasty and early period of Republic of China, and also learned and profited from the latest experiences of foreign legislation in civil procedure law. During the period of 22 years, the civil procedure law had been developed and perfected by the formulation and revision of three civil procedure codes consecutively.There are seven chapters in the dissertation besides introduction and conclusion. Based on the three civil procedure laws of Nanjing Citizen's Government, the dissertation mainly study on the problem of the civil procedure law of Nanjing Citizen's Government by the historical method, analytical method and comparative study method. These problem includes the legislation heritage of civil procedure law in the late Qing dynasty and early period of Republic of China, the development of civil procedure law in the period of Nanjing Citizen's Government and its contribution of the practice in civil procedure law legislation, the legislation course and the content change of the three civil procedure law of Nanjing Citizen's Government, the special law of the civil procedure law legislation, the comparison between the civil procedure law of Nanjing Citizen's Government and "Civil Procedure Regulations" and the implementation of the civil procedure law of Nanjing Citizen's Government.In the first chapter, I reviewed the development history of the civil procedure law in modern China before the period of the Nanjing Citizen's Government. First, I focus on the legislation of civil procedure law in the "Law Revision Movement" of late Qing dynasty and analyze comprehensively the legislation course and major dispute of "The draft of criminal and civil procedure law of Qing", "The Civil procedure interim Regulations" and "The Draft of Civil Procedure Law of Qing". Secondly, I simply unscramble the hard explore to the legislation of civil procedure law in early period of the Republic of China, and I especially introduce the "Civil Procedure Regulations" of Beiyang government and the "Civil Procedure Law" of Guangzhou Military government on the basic of the exposition of the fact that the legislation civil procedure law in early period of the Republic of China inherited the legislation in late Qing dynasty. Moreover, I also summarize the achievements and limits of the civil procedure law legislation in the same period. Through the review of the civil procedure law legislation in late Qing dynasty and early period of the Republic of China, we could have a clearly understanding about the domestic origin of the civil procedure law of Nanjing Citizen's Government and the condition, context of civil procedure law when the Nanjing Citizen's Government formulated civil procedure law.The second chapter introduces the development of the civil procedure law in the period of Nanjing Citizen's Government and analyzes the contribution for the legislation of civil procedure.The first quarter simply introduces the civil procedure law of legal education in the period of Nanjing Citizen's Government. After the civil procedure law was offered as a course in Peking university from 1906, it got wide attention as the most important core curriculum in legal school. And as an independent course of procedure law, civil procedure law was admitted in legal education and course construction. The civil procedure law was not hot in legal field in the whole period of the Republic of China, it was a little quiet when compared with constitution, administrative law, civil and commercial law and criminal law.The second quarter introduces the condition of the relative legal academic periodicals and the discussion about the civil procedure law. Legal academic periodicals were hot in the period of Nanjing Citizen's Government, and compared with the legislative process and legal practice, many theoretical problems and practice difficulty in the field of civil procedure law were discussed and focused on by legal academic periodicals which inflected that the development of law promoted the practice of legislation.The third quarter summarizes the main problem of the research of civil procedure law in the period of Nanjing Citizen's Government. Firstly, I summarize the main problems about the basic theory of civil procedure law at that time by comparing several typical civil procedure law works. Secondly, I summarize the legislation condition of the civil procedure law and affirm that the discussion about the problems in the practice of civil procedure law did promote the legislation and was significant. Thirdly, I summarize the discussion about the system of civil procedure, especially several one about the hot problems. Fourthly, I summarize the discussion about the civil procedure law and point out that the comparative study and text analysis were the important way to promote the legislation and to improve the civil procedure law. Fifth, I introduce the condition of the research of comparative civil procedure law. In the period of Nanjing Citizen's Government, the research of the comparative civil procedure law mainly focus on the domestic legislation principle of civil procedure law and the comparative analysis of the basic content, domestic and foreign civil procedure legislation and comparison and reference of legal system.The fourth quarter affirms the four contributions of the civil procedure law in the period of Nanjing Citizen's Government to the legislation practice and agrees with professor He Qinhua's comments on the research level and characteristic of the civil procedure law in the whole period of the Republic of China:The first contribution was the discussion of the civil procedure law laid the theory foundation and prepared well for the legislation of civil procedure. The second one was the expansion of the research team of civil procedure law turned out the experts for the legislation practice of civil procedure. The third one was the discussions of the civil procedure law established the basic framework for legislation. The last one was the value idea of civil procedure law determined the development of the legislation of civil procedure.The third chapter talks about the civil procedure legislation in the period of Nanjing Citizen's Government. First, I affirm the successful experience of Nanjing Citizen's Government to critically inherit the "Civil Procedure Regulations" and "Civil Procedure Law"; Secondly, I introduce the historical background of the legislation, the course and the revision reason of the three "Civil Procedure Law of the Republic of China" which were successively announced in 1930-1931,1935 and 1945, and comprehend them with the "Implementation of the Civil Procedure Law in the Republic of China"(There was no implementation in 1945.) in the same period; Thirdly, I comprehensively make a comparative analysis on the revision content of every "Civil Procedure Law".The fourth chapter researches on the special law in the civil procedure legislation of Nanjing Citizen's Government. Firstly, I introduce and analyze the special civil regulations in the "Soviet Area" which was made after the Citizen's Government "encircle and suppress" the Soviet base to recover the old order. When the Citizen's Government formulated these special civil procedure regulations, they proposed some practical and effective solutions according to the characteristic of civil disputes rather than from the perspective of the ideology of class struggle. Secondly, I briefly introduce the special civil procedure regulations which were made by Nanjing Citizen's Government during the Anti-Japanese War, and they are "The interim measures of the civil and criminal procedure and the circuit trial in war zones", "The provisional regulations of civil procedure in unusual period", "The order that special attention should be paid to the civil case hearing", and "The order that attention should be paid to civil cases relating to military persons'relatives". In addition, I also introduce "The supplementary regulations of the civil procedure for discharged" which adjusted the special civil procedure law in war time to adapt the new condition after war. Thirdly, I elaborate the background, the course and the main content of the legislation of Civil Mediation Law.The fifth chapter comprehensively analyzes and compares the first civil procedure law of Nanjing Citizen's Government and the "Civil Procedure Regulations" of Beiyang government. The research of the author is from the articles to the principles and systems, while the elaboration is from principle and systems to the articles. Through the comparison, we can find that the "Civil Procedure Law of the Republic of China", the first civil procedure law of Nanjing Citizen's Government which was formulated according to the "Civil Procedure Regulations" also changed a lot while inherited the principles and systems from the "Civil Procedure Regulations". At the level of principle and basic system, these changes came through in adversary doctrine and interventionism, party doctrine and official principle, the system of "three levels and three trials". At the level of the specific content, the changes inflected in "Certificate litigation procedure", "Si Xu litigation Procedure", and the abolishment of the system that the prosecutors can participate in personal rights cases, "the expansion of supervision procedure" and the other revision of more than 100 articles. Through these comparative researches, we can have a clearly understanding about the value orientation, the progress of legislation and the main content of legislation of the civil procedure law in the period of Nanjing Citizen's Government.The sixth chapter introduces the implementation of the civil procedure law of Nanjing Citizen's Government. The chapter not only evaluates the effect of the implementation, but also extends to the survey of the satisfaction and efficiency of civil procedure, which in order to make the accurate judgment to the actual result of the civil procedure legislation of Nanjing Citizen's Government. This chapter has massively quoted the judicial trial statistical data of the Nanjing Citizen's Government, which attempts to analyze from one side of the civil procedure law of Nanjing Citizen's Government.The seventh chapter summarizes the main achievements and the flaws of Nanjing Citizen's Government's legislation. The Nanjing Citizen's Government's civil procedure legislation was the important step and the fundamental law territory of the modernization of modern Chinese law. And it was better and better in the foundation of critically inheriting the Chinese and foreign outstanding legislation achievements, in addition, it also had established the core value and the theory frame of Chinese civil procedure law. From the perspective of establishment of the basic principle of civil procedure, it can give dual attention to fair and the efficiency, and practically protects the litigant rights and interests. From the perspective of the concrete lawsuit system, it had established basic system and the frame of modern civil procedure law in our country, whose achievement was remarkable. Certainly as a result of various limit, this time's civil procedure legislation also inevitably had some flaws. There were mainly two flaws; first, the individual article improperly chose the old regulations from the original law since it neglected the fair when pursuing efficiencyThe conclusion introduces the extension and development of Nanjing Citizen's Government civil procedure law in Taiwan area after 1949. Because this part in this dissertation is out of the study range, the dissertation has not launched the elaboration. |
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