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中国早期的民事审判,采取灵活的程序和开放的形式。春秋战国后,以成文法典为主,多种法律形式并存,法典中刑事法律制度详尽,民事法律制度粗疏,民事诉讼制度更是寥寥无几。民事实体法主要表现为礼仪、风俗,民事程序法仍然保留了诉讼习惯形式。民事诉讼习惯不仅反映制度生成的具体环境和条件,而且通过实证的视角,展现了制度运行的细节及其作用、功能和价值。民事诉讼习惯是包括官府和当事人在内的所有诉讼主体必须遵循的规范,随着时间和地域的差异,表现出了多样性和灵活性,服务于国家和地方政府的社会治理目标。
Early civil trials in China took flexible procedures and open forms. After the Spring and Autumn Period and the Warring States Period, mainly in the form of written code, a variety of legal forms coexist, the criminal law system in the code is exhaustive, the civil legal system is coarse, and the civil procedure system is very few. Civil substantive law is mainly manifested in etiquette, custom, civil procedural law still retains the habitual form of litigation. The habit of civil procedure not only reflects the specific environment and conditions of the system, but also shows the details of the system operation and its function, function and value through the empirical perspective. The habit of civil procedure is the norm to be followed by all the litigants, including the government and the parties. With the difference of time and region, it shows the diversity and flexibility to serve the social governance goals of the state and local governments.