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诉讼法制的完善与确立,是现代法治得以确立的基本标志之一。清末修律所进行的法律移植,构成中国诉讼法制现代化之滥觞。中国诉讼法制现代化的百余年历程,主要可以分为两个历史时期。其间,乱国无实质的诉讼法制;诉讼法制路径深受意识形态影响;植体与受体排异反应强烈。回顾这一历程,总结其经验教训,有助于推进、完善我国的诉讼法制建设,更好地实现“保障人权”的宪法目标。
The improvement and establishment of procedural law is one of the basic symbols of the establishment of modern law. Law transplants carried out by the Law Reform in the late Qing Dynasty constituted the origin of the modernization of the lawsuit system in China. The centenary course of the modernization of China’s litigation system can be divided into two historical periods. In the meantime, chaos has no substantive procedural legal system; litigation legal system path is deeply influenced by ideology; and there is a strong rejection reaction between the implant and the receptor. Reviewing this course and summing up its experiences and lessons will help promote and improve China’s procedural legal system and better fulfill its constitutional goal of “safeguarding human rights.”