比较法在民事诉讼法教学中的应用——民事诉讼法与民事实体法之比较

Comparative Way Applied in the Civil Procedural Law Teaching——Comparison between Civil Procedural Law and Civil Substantive Law

民事诉讼是实体法和诉讼法共同作用的"场"。民事诉讼法不仅具有保障民事实体法实现之功能,而且具有内在独立之价值。两者在举证责任、当事人等制度上存在着相互交融,民事实体法在法律拟制、诉前禁令上填补诉讼法的真空。对两者在合同案件管辖、个人合伙的诉讼地位等方面存在的冲突,应当根据法的效力等级以及后法优于前法的原则来处理。

Civil litigation is the interaction ＂field＂ of the substantive law and the procedural law.The Civil Procedural law not only has function of guaranteeing realization of the civil substantive law,but also has intrinsic value of independence.There are mingled with burden of proof,the parties and other systems both them.The substantive law fills the vacuum of the procedural law in legal fiction and preliminary injunction.Conflicts,which exist in jurisdiction of,contract cases and legal status of personal partnership shall be dealt with based on the principles of the effect of law,and the later law being superior to the former.