Volume 25 Issue 4
Jun.  2021
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KE Yang-you, KONG Chun-chao. On the Attacking and Defending Methods in Civil Action——From the Perspective of Japanese Ordinary Civil Procedure[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2009, 25(4): 52-59,70.
Citation: KE Yang-you, KONG Chun-chao. On the Attacking and Defending Methods in Civil Action——From the Perspective of Japanese Ordinary Civil Procedure[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2009, 25(4): 52-59,70.

On the Attacking and Defending Methods in Civil Action——From the Perspective of Japanese Ordinary Civil Procedure

  • Received Date: 2009-07-03
    Available Online: 2021-06-28
  • in the Continental LawSystem, the attacking and defending methods is the core content in the debate of civil procedure. The Civil Procedural Law of Japan is the typical representative of Germany offspring in the Continental Law System. The attacking and defending methods is based on the debate doctrine with the principle of procedural guaranteeing, equality, timely providing and oral argument. It centralizes on fact and evidence help to achieve lawsuit justice and efficiency. In the Civil Procedural Law of Japan, the attacking and defending methods is regulated meticulously. With the attacking and defending methods, our theoretical research is vacant, and there are some gaps in legislation and judicial practice.

     

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