Reform and opening-up have not only formed the premise and background for the development of Chinese civil procedure law over the past 40 years but also constitute and will remain the ontological features and core values of Chinese civil procedure law. The process of observing, exploring, and promoting the jurisprudential embedding of these core values into specific procedural norms, acts of procedure, and social behaviors, against the background of reform and opening-up, has enabled the development of civil procedure law. As the “raw materials,” including legal norms, acts, and phenomena of civil procedure—the objects of research—have been extended and complicated, research methods such as commentator, comparative jurisprudence, legal dogmatics, social sciences of law, and other “production tools” have enriched and evolved. They are both a product and an important part of China’s reform and opening-up. Against the backdrop of the mutual shaping and achievement of reform and opening-up and development of laws, this article will use jurisprudential works as evidence to further examine how the research objects and methods in Chinese civil procedure law have shaped each other, analyze how the development of Chinese civil procedure law has limited or expanded the choice and development of research methods, and discern how the level of application and development of jurisprudential methods has supported, shaped, or restricted Chinese civil procedure law.

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Research on Developments in Chinese Civil Procedure Law: Observations from the Perspective of the Mutual Shaping of Research Objects and Research Methods

  • Fu Yulin

摘要

Reform and opening-up have not only formed the premise and background for the development of Chinese civil procedure law over the past 40 years but also constitute and will remain the ontological features and core values of Chinese civil procedure law. The process of observing, exploring, and promoting the jurisprudential embedding of these core values into specific procedural norms, acts of procedure, and social behaviors, against the background of reform and opening-up, has enabled the development of civil procedure law. As the “raw materials,” including legal norms, acts, and phenomena of civil procedure—the objects of research—have been extended and complicated, research methods such as commentator, comparative jurisprudence, legal dogmatics, social sciences of law, and other “production tools” have enriched and evolved. They are both a product and an important part of China’s reform and opening-up. Against the backdrop of the mutual shaping and achievement of reform and opening-up and development of laws, this article will use jurisprudential works as evidence to further examine how the research objects and methods in Chinese civil procedure law have shaped each other, analyze how the development of Chinese civil procedure law has limited or expanded the choice and development of research methods, and discern how the level of application and development of jurisprudential methods has supported, shaped, or restricted Chinese civil procedure law.