A Research On The Civil Action System Of The Revolutionary Base Area

The Civil Action System of the Revolutionary Base Area has established a foundation for some important principles and systems of our current civil procedure, and it ought to occupy a suitable space in the history of the civil procedure. But up until now, there is no systematic and special research to the history of this phase. In view of this, I have studied preliminarily about the civil action system of this period through consulting and combing the relevant historical data, and analyzed its advantages and disadvantages in order to understand the historical cause of the relevant problems of the present procedure laws more deeply, and to think the reform of civil action and the relevant systems more reasonably. Three parts of my paper are arranged as the following.Part One, "A Simple Introduction of the Civil Action System of the Base Area". This part gives a simple introduction to the civil action system of the base area and its running situation, and makes some material preparation and foreshadowing for the following analysis. It includes the litigation procedure systems of different periods of base area, such as prosecution, trying, appealing and carrying out of the civil cases, Ma Xiwu's adjudication pattern and the mediation system of the base areas with outstanding characteristics.Part Two, "An Analysis of the Pros and Cons of the Civil Action System of the Base Area". I carry on an overall analysis to the advantages and disadvantages of the systems, and draw my own original conclusion. On the one hand, I point out that it is their outstanding characteristics and advantages to protect the rights of the masses and to carry out the mass line. On the other hand, its disadvantages are analyzed. That is: 1. Emphasizing the social class nature and political nature too excessively; 2. The procedure stipulations are too principled and simple to operate; 3. The extreme inclination of the mass line in the concrete lawsuit work;4. The civil cases rely on mediating excessively; 5. The judicial authority is interfered greatly by the administration; 6. The legal provisions lack the unity. And then, the reasons of the above limitations are analyzed, which are that the systematic and correct ideology of the legal system has not been formed yet, social relationships were too simple, the war influenced, and the specialized personnel of the law were lack.Part Three, "Enlightenment of the Civil Action System of the Base Area". As the focal point of this paper, this part shows my reflections relating the present practice. That is, the system that the judicial authority is led by the government of base area influences on the existing judicature system deeply, and it is a basic way to establish the judicial independence for solving the drawbacks of the judicature system; under the dual social backgrounds of the urban and rural areas, Ma Xiwu's adjudication pattern has its suitable wide space in the grass-roots rural courts, but as a lawsuit mode of ultra functions and powers, it will fade out on the historical stage with the social development and the disappearance of the differentials between urban and rural areas; the historical reason of our government's partiality for mediation and it is only an inevitable transition stage in the process of ruling our country by laws for people prefer to "facing a charge in court". In the end, considering the phenomenon that the courts start to pay attention to mediation again, I point out that mediation will be a main choice for a party of civil suit in the future and a necessary way of structuring our harmonious judicial and social environments.