历史维度中的实体法与程序法

在历史中揭示,程序法和实体法共同脱胎于诉讼法,此时的诉讼法是诉未分解时的诉讼法,而现今之诉讼法虽名为诉讼法,实则程序法而已;对民事诉讼中的几组概念的混用进行澄清;实体法和程序法的合理关系是自足与互助的,并质疑时下流行的“层次论”观点。

Substantive Law and Procedure Law in History

In history, it discovered that both procedure law and substantive law originated from the "acient Procedure law ", at that time, the "acient procedure law"hadn't been discomposed.But today's procedure law is in fact "rules of procedure", although it is named as "procedure law"; in this article, the authors clarified the misuse of several groups of conceptions in civil procedure ;The proper relation between substantive law and procedure law is self-systematized and mutual-aided, also in this article, the authors challenged the popular issue--"the issue of Rank Orders".