20世纪初,清政府迫于内忧外患的种种危机与压力,不得不变法修律,在固守本土与汲取外来文化之间谨慎参酌,艰难探索。自清末开始的法制改革,不仅仅是移植新法、开启民智、汇通中西的漫长过程,更是带有传统文化烙印的中华法律文明与世界接轨并获得新生的历程。在中国近代法律变革的宏观背景下,传统民事诉讼法制在西方法律理念、制度的冲 At the beginning of the 20th century, under the various crises and pressures of internal and external disasters, the Qing government had to change its laws and regulations and discreetly arduously explore and stick to it while sticking to the local culture and absorbing foreign cultures. The legal system reform since the end of Qing Dynasty is not only a long process of transplanting new laws, opening up people’s wisdom and bringing together China and the West, but also a journey of Chinese legal civilization with tradition and culture in keeping with the rest of the world. Under the macroscopical background of legal reform in modern China, the traditional civil procedure legal system