Chinese Reflection on the Socialization Theory of Civil Litigation

Abstract

Franz Klein, an Austrian civil procedure law scholar, was the first to propose the topic of socialization in civil litigation. He constructed the socialization theory of civil litigation procedures from multiple aspects, including the ideology rooted in civil litigation procedures, the functions of socialized civil litigation, and the procedural values reflected. Emphasize the support of social ideology for civil litigation procedures, the public nature of civil litigation procedures and the agency of judge powers, the effectiveness, fairness, and stability values of civil litigation procedures, and oppose strict differentiation between substantive truth and procedural truth. The socialization theory of civil litigation procedure is not necessarily related to authoritarianism or party theory, but rather constructs the basic theory of civil litigation procedure based on social ideology and national conditions, emphasizing the public nature of civil litigation procedure, thus having strong flexibility. This article will explore the precision and openness of China's civil litigation procedures based on its national conditions.