Law Degree Program in China - Procedural Law

1. Introduction

Procedural Law is the guarantee of the correct implementation of substantive law; judicial activity is the comprehensive application of the substantive law and procedural law. As the symmetry of the substantive law, procedural law cannot be simply equal to litigation law or judicial law, because the procedural law is a big concept, including both non litigation procedure law like administrative procedure law, legislation procedural law and electoral rules and rules of procedure, and administrative procedure law, criminal procedure law, civil procedure law and others.

In the course of studying law and the phenomenon of law, jurisprudence divides the law into different kinds according to different standards. According to the different content of legal provisions, law can be divided into substantive law and procedural law.

Substantive law is the law that stipulates and confirms the rights and duties and responsibilities as the main content, such as the constitution, administrative law, civil law, commercial law, criminal law and so on. And procedural law is provisions to ensure the rights and powers can be achieved or exercise, the obligations and responsibilities to be fulfilled the relevant procedures as the main content of the law, such as the administrative procedure law, administrative procedure law, civil procedure law, criminal procedure law, and legislative procedure and so on.

2. Classification

In general, procedural law is an empirical law how the courts or administrative organs carry out various judicial procedures or administrative procedures except substantial law. Procedural law can be positioned as not about entity right, but it is a legal act to arrange various procedures. Procedural law can be divided into civil procedure law, criminal procedure law and administrative procedure law.

Civil Procedural Law

The specified substantive rights by the civil substantive law (ownership, creditor's rights, etc.) can only be realized through the trial process, while the civil procedure law is the law that arranges the civil trial procedure, performed on the empirical method, that is national civil litigation law or non litigation event law and so on.

Criminal Procedure Law

Criminal procedural law is the law applying to the criminal trial procedure that determines people's right of punishment for the country and its specification is criminal trial procedure, rather than the direct restraining people's behavior of criminal law (criminal substantive law).

Administrative Procedure Law

The administrative procedure law is a proper legal procedure that specifies administrative organs when carrying out administrative behaviors, such as the principle of proportionality, the prohibition of differential treatment, the reliance protection and so on.

3. Development

The tendency attitudes of common law system (namely Anglo-American Legal System) and continental law system are not consistent to the substantive law and procedural law. The common law system with United Kingdom and the United States on behalf pays more attention to the rules of procedure law, so that put forward, such as "the law is program", "no program is no remedy" and other famous legal maxims, thinks that the rights and obligations stated in the substantive law is just a claim or "rights and obligations of illusion" if not through specific judgment process, just in the certainty judgment produced in the process of program, rights and obligations are able to realize the true meaning of the entity.