| The process of independence of civil procedure law is not only a process of separation between substantive procedural law and substantive private law, but also an amalgamation of substantive procedural norms and procedural rules. Therefore, the Civil Procedure Law is a law that combines substantive litigation norms and procedures. In the future, China's civil procedure law should also be an intrinsic research object that combines these two kinds of litigation norms. Civil substantive procedural law is a general term referring to litigation norms that regulate the legal relations of civil disputes as well as the formation of litigation in civil legal relations. In essence, it has undergone a transformation from the litigation norms attached to private law to civil procedure norms of public law nature. Therefore, in adjusting procedural law that regulates legal relationships of civil disputes, China should consciously exclude private law principles and jurisprudence in legislation and interpretation. At present, substantive litigation norms are seriously absent in China's civil procedure law, but can be found in large number scattered in civil laws and their judicial interpretations. In the long-run, the question of whether substantive litigation norms should be provided for in civil law or in civil procedure law is a major theoretical issue that should be prioritized in the compilation of the civil code. |
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