动荡与发展:民国时期民事诉讼制度述略

Turbulence and Development: A Summary Commentary of Civil Procedure in Republican China

民国时期的民事诉讼制度建设,以清末修订的《民事诉讼律》为基础,但由于时局的发展和社会的变迁,又呈现出一种与清末不同的景观。仅就立法技术层面而言在改革的方向、进路等许多方面,当前的民事诉讼制度变革都与民国时期有着某种共通之处,因此,对民国时期民事诉讼制度发展历程的回顾和检视,有可能为当前的改革提供某些有益的启示。

The civil procedure of Republican China is built on 'Civil procedural code 'constituted in late Qing, at the same time, with the change of the current political situation and the flux of the society, there are some differences between the two periods. Since the direction and route of current innovation of civil procedure is parallel with that of Republican China, retrospection and analysis of the development of civil procedure in that period is likely to offer us some inspiration, which is helpful to the current reformation.