In the circumstances that the procedure justice theory increasingly becomes the mainstream theory in procedural law,there is a theoretical trend that belittles the position of "epistemology" in the theory base of evidence jurisprudence,which does not conform to the historical development facts of evidence legal system and the discipline characteristics of evidence jurisprudence.
In traditional theory of procedural law,judgment is interpreted as the decision on substantive facts of the case,which neglects the significance of reasoning and argumentation before judgment.
Through the analysis and criticism on the basis attribute of the lawsuit proof, this article deeply explains the theory about the proof's basic attribute in the sense of lawsuit doctrine and proof doctrine as well as the relevant questions in the judicial practice, thus will promote the process of legal system in China.
In the field of law science of administrative litigation, the study on the administrative litigation type is a question ignored for a long time, and the application of the type theory is rarer.
Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc.
Subjects who received judges' instructions performed significantly better than uninstructed subjects on questions about the procedural law, but no better on questions about the substantive (criminal) law.
The pinpointing of the object of study of the science of civil procedural law is theoretically based on the particularity of contradiction. The object of study of the science of civil procedural law ought to be the principal contradiction that exists in the process of civil lawsuit activities, the civil procedural law and the science of the civil procedural law and its law of movement. In other words, the object of study of the science of civil procedural law ought to the law of the unity of opposites betwe...
Accompanying the pace of New China's advancement, the soience of Chinese civil procedure ler has un-dergone a course of fifty years development. Reviewing of the Past, the science of Chinese civil procedure law hasachieved inspiring achievements in legislation, academic study and personnnel training. Looking forward to the future, It hasbecome the good of the science of civil procedure law in the new century to establish a theoretical system suitable to so-cialist market economy, deepen the research of bas...
The object and approach of study are the essential problems in the study of the science of Chinese civilprocedure law and also the basic theories in the subject of civil procedure law. This thesis aims to view the progress ofthe science of civil procedure law from a historical angle by means of reviewing and expecting its study objects and scopeits system and content as well as its guidelines and approaches, so as to further the study on the science of civil proce-dure law.