Disputes are commonly known as "playing official business". The so-called "procedural law",
It is a law to adjust the legal relationship of litigation and standardize litigation behavior.
Law. Classification and litigation of laws according to modern legal theory
The law belongs to the "procedural law" that regulates the procedure of handling cases. criminal proceedings
Law is the operating rule for handling criminal cases.
China is a civilized country with a glorious history of 5,000 years.
Ancient country. Chinese legal system is a branch of human legal civilization.
Unique and had its heyday.
Interestingly, despite the emergence of countries in human society,
After that, there was a lawsuit, but for a long time,
But there is no special procedural law. Adopted the ancient laws of China.
Take "the unity of all laws, regardless of punishment and people, and the unity of substantive law and procedural law"
The legislative form of "integration" is usually based on criminal law
Line, criminal law and civil law, substantive law and procedural law.
Mix together. Until the 20 th century, from the past dynasties
In the past, no special procedural law was formulated, let alone promulgated.
Separate criminal procedure law.
Until the end of the Qing Dynasty, Shen Jiaben was appointed as "law revision"
Minister ",began to learn and introduce the laws of western countries.
Formulated the Criminal and Civil Procedure Law of Qing Dynasty (Draft), but it still
The Revolution of 1911 was led by Sun Yat-sen before its promulgation.
Overthrow Therefore, during thousands of years of slavery and feudalism,
During this period, there is no criminal procedure law.
Although China's legal system had a glorious period,
But there will inevitably be a lot of dross. Now, we must
Implementing "ruling the country according to law" and building a socialist country ruled by law is not
We should not only learn from the legal civilization of western countries, but also absorb them.
And learn some good things from the ancient Chinese legal system.