The Purpose Of Our Civil Procedure Study

The purpose of civil litigation is the core theory in the discipline of civil procedure law,the basis for the legislation of civil procedure law and the ultimate goal to guide practice in civil action.Accordingly,the research on the purpose of civil litigation will not only enrich the theory of civil procedure law,but also provide a fundamental notion to design the specific systems during the amendment of the civil procedure law and strengthen the unified implementation of civil procedure law through its guidance of the judicial practice.The research on the purpose of civil litigation in China has up to date remained on its theory,and there is rarely any research touching upon its presence and manifestation in legislation and judicial practice.This article intends to establish a tentative research on the purpose of civil litigation in its theory,legislation and practice,to further make an analysis of the factors affecting the mutual deviation of its presence and manifestation in the aforesaid three aspects,and finally to put forward several proposals and detailed measures to unify the three aspects.This article comprises five chapters.In the first chapter,the author focuses on the theory of the purpose of civil litigation.The author defines and clarifies the conception of the purpose of civil litigation based on the philosophical definition of purpose and its comparison with relevant conceptions.In the meanwhile,the author makes a brief introduction and summary of the different doctrines about the purpose of civil litigation both at home and aboard.In the second chapter,the author concentrates on the presence and manifestation of civil litigation in legislation.The author makes an analysis of its presence and manifestation respectively in the three civil procedure laws since 1949 from the perspective of "task of civil litigation",and makes a final summary of the values pursued therein.In the third chapter,the author mainly explores the presence and manifestation of the purpose of civil litigation in practice.The author discusses both the values of efficiency and justice in litigation in civil trial mode reform to conclude what the purpose of civil litigation is under the practice of civil trial mode reform,and elaborates on the diverse purposes of courts,judges or parties under the practice of specific civil cases.In the fourth chapter,the author chiefly sheds light on the factors affecting the deviation of the purpose of civil litigation in theory,legislation and practice.Based on a brief summary of the first three chapters,the author points out the phenomenon of mutual deviation in the three aspects and analyses the factors behind such deviation.In the fifth chapter,the author puts forward the measures and methods to unify the deviated circumstances in theory,legislation and practice of the purpose of civil litigation.The author illustrates such measures from three perspectives:unification of theory,improvement of legislation and enhancement of practice.