The Driving Forces and Process of the Codification of China's Civil Procedure Law

Tong Wu

International Journal of Law, Ethics and Social Sciences, 2025, vol. 2, issue 1, 17-25

Abstract: This paper systematically explores the driving forces and historical process of civil procedure law codification in China. Through an analysis of relevant literature and comparative study, the research identifies four main driving forces behind civil procedure law codification: the objective needs of rule of law construction, coordination with the Civil Code, response to judicial practice demands, and adaptation to the information age. The study traces the evolution of China's civil procedure law from the 1982 trial version through subsequent amendments to recent codification efforts, revealing a progressive development path. The paper further analyzes challenges facing codification, including legislative technical issues, conflicts between legal traditions and modernization, balancing procedural and substantive provisions, and coordination with other legal departments. Based on these analyses, the research proposes path choices for codification that emphasize principles of alignment with substantive law, internal self-consistency, and systematic integration with related legal domains. This research contributes to the theoretical foundation for civil procedure law codification in China and provides practical guidance for future legislative reforms in this field.

Keywords: civil procedure law; codification; Civil Code; judicial reform; legislative technology; legal systematization; Chinese characteristics (search for similar items in EconPapers)
Date: 2025
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