November 11,bet365 app "Academic Research and Thesis Writing Series" Lecture 5 was held in Huagangyuan, Qingdao Campus。Professor Zhang Weiping of Tsinghua University School of Law gave an academic report titled "Discussion on Interdisciplinary Research Methods of Substantive Law and Procedural Law"。The lecture was hosted by Wang Chao, assistant researcher at bet365 app,bet365 app Duan Junshang、Li Jie and more than 50 teachers and students attended the forum。
The beginning of the lecture,Zhang Weiping first starts from the background of the problem,Point out that only in Bet365 sportsbook reviewcivil law system、The intersection of substantive law and procedural law only exists under the statutory legal system。He thinks,Historically, civil law countries were influenced by rationalism,Traditionally, there has always been a binary opposition between substantive law and procedural law;The common law system starts from empiricism、Constructing the law from a pragmatic perspective,Therefore, the intersection study of substantive law and procedural law is of little significance in countries with common law systems。Next,Zhang Weiping is based on the promulgation of the Civil Code and the current status quo of emphasizing entities over procedures,Made the judgment that "the intersection of substantive law and procedural law is the focus of civil procedure law research"。He thinks,In the era of Civil Code,To develop, civil procedure law must be closely integrated with substantive law。
Next,Zhang Weiping starts from the historical development of "program priority",Demonstrates the importance of litigation procedures。"Procedural priority" comes from the Court of Queen's Bench and the earliest King's Writ,He believes that each writ actually refers to a different case and gives the judge who hears the case、Procedures for hearing cases, etc.,And submit that all relief shall arise from the writ,Based on this,Zhang Weiping demonstrated the origin Bet365 conclusion that "program is the mother of entity",Emphasis on the importance of procedures。
Subsequently,Zhang Weiping starts from the relationship between substantive law and procedural law,An in-depth discussion of the relationship between the Civil Code and the Civil Procedure Law from two aspects。First,Zhang Weiping said,We must insist on commenting on the Civil Bet365 lotto reviewCode,Because only through commentary can the Civil Code return to its proper meaning。He thinks,There are two types of comments,One is the commentary by civil law scholars and civil procedure law scholars,The other is a practical commentary。By comment,The "Civil Procedure Law" can effectively promote the development of the "Civil Code"。Secondly,Zhang Weiping takes the impact of the provision of two divisions between property and debt in the Civil Code on the Civil Procedure Law as an example,Explains the restrictive effect of the Civil Code on the Civil Procedure Law。He thinks,Under the premise of civil law rationalism,The "Civil Procedure Law" must also be consistent with the "Civil Code",Therefore, the dichotomy between property and debt in substantive law is reflected in civil litigation, which is the issue of the absoluteness and relativity of the effectiveness of judgments。
The end of the lecture,Zhang Weiping systematically elaborated on the "interdisciplinary research method between substantive law and procedural law" as a whole。He thinks,From the perspective of the development of the entire society,Whether it is based on Soviet law or German and Japanese law,In fact, the emphasis is on the power of reason and logic,However, this power directly led to the "locking" of my country's civil law and civil procedure law and the relationship between them。So he proposed,We should discuss how to conduct research under lockdown。Based on this,Zhang Weiping proposed the "interdisciplinary research method between substantive law and procedural law",That is, grasp the relationship between substantive law and procedural law in the overall thinking framework,When procedural law is "locked" by substantive law,Utilizing an intersectional bet365 best casino gamesresearch perspective,From the subject of the lawsuit、Evidence system、New commentary on the Civil Procedure Law in terms of non-litigation procedures and other aspects。
Interactive session,Students asked questions around the current academic research status of this issue and the problems that arise in their own paper writing,Bet365 gave a detailed answer based on his own experience and practical situation。
bet365 live online casinoZhang Weiping,Professor of Tsinghua University Bet365 School、Doctoral Supervisor,Outstanding Professor of Tianjin University,Yantai University "Yellow Sea Scholar Distinguished Professor"。Formerly served as President of the Civil Procedure Bet365 Research Association of the China Bet365 Society、Editor-in-chief of "Modern Bet365" and "Tsinghua Bet365" magazines,Current Executive Director of China Bet365 Society、Member of the Academic Committee of the China Bet365 Society、Vice President of China Prosecution Research Association、Vice President of China Arbitration Bet365 Research Association、Advisory Member of the Supreme People’s Procuratorate、Supreme People’s Procuratorate instructor and other positions,Selected as a national high-level talent;Enjoy special government allowances from the State Council。
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