Localization path of the research paradigms of legal commentary in China - Focusing on the public legal service function of the case-commentary research on the style of civil litigation documents

• Author: Yang Kai
• Position: Ph.D, School of Law, Wuhan University, Wuhan, China; Professor, Center for Rule of Law Strategy Studies, East China University of Political Science and Law, Shanghai 201620, China. Contact: kaiyanglaw@126.com
• Pages: 560-590

FRONTIERS OF LAW IN CHINA

VOL. 14 DECEMBER 2019 NO. 4

DOI 10.3868/s050-008-019-0026-9

ARTICLE

LOCALIZATION PATH OF THE RESEARCH PARADIGMS OF LEGAL COMMENTARY

IN CHINA — FOCUSING ON THE PUBLIC LEGAL SERVICE FUNCTION OF THE

CASE-COMMENTARY RESEARCH ON THE STYLE OF CIVIL LITIGATION

DOCUMENTS

YANG Kai∗

Abstract Conducting case-commentary research on the style of civil litigation

documents is a key method for judges to produce legal documents, develop professional

writing and creative skills, and enhance legal thinking. Such a study is an important way

to deepen the reform of the judicial power operation mechanism and to improve the trial

management mode. Considering the background of the judicial responsibility system

reform, the localization of the research paradigms and case-commentary methods of the

style of litigation documents can help reach the consensus of the legal professional

community. It also helps promote judgment rules and the spirit of the law. Legal

commentaries convey the important functions of public legal services to the public. It is

necessary to integrate the Style of Civil Litigation Documents, the “one-stop” litigation

service with the reform practice of judicial committees in China, and conduct detailed

research on the procedural ruling function and guiding function of the style of civil

litigation documents. By studying the guiding function of civil litigation document style

for judicial behavior, litigation procedure, and entity processing, it is good for judges to

broaden their ideas and methods to write civil litigation documents, enabling an

examination of the localization path and method of the legal commentary research

paradigm and demonstrating how to continue using the paradigm within the context of

the comprehensive reform of the judicial system. Moreover, the study emphasizes how

to exert the function of public legal services integrated with the style of civil litigation

documents.

Keywords style of civil litigation documents, legal commentary, research paradigm,

public legal service

INTRODUCTION .................................................................................................................... 561

∗ YAN G K ai (杨凯), Ph.D, School of Law, Wuhan University, Wuhan, China; Professor, Center for Rule of

Law Strategy Studies, East China University of Political Science and Law, Shanghai 201620, China. Contact:

kaiyanglaw@126.com

This article details the important achievement of the “Research on the Perfection of Public Legal Service

System and Its Evaluation Criteria” project, supported by the Ministry of Justice’s 2017 Research Projects of

National Rule of Law and Law Theory (Project No. 2017SFB1006).

2019] LOCALIZATION PATH OF THE RESEARCH PARADIGMS OF LEGAL COMMENTARY IN CHINA 561

I. PROPOSAL ON THE PUBLIC LEGAL SERVICE FUNCTION OF RESEARCH ON THE

COMMENTARY OF LITIGATION DOCUMENT STYLE................................................. 562

II. FOREIGN SOURCES AND THOUGHTS ON THE RESEARCH PARADIGMS AND

METHODS OF LEGAL COMMENTARY ...................................................................... 565

III. THE GROWTH AND DEVELOPMENT OF THE RESEARCH PARADIGMS AND METHODS

OF LEGAL COMMENTARY IN CHINA ...................................................................... 572

IV. VALUE ANALYSIS AND CONCEPT GUIDANCE OF CASE-COMMENTARY STUDIES ON

LITIGATION DOCUMENT STYLE ............................................................................ 578

A. Value and Function of Case-Commentary Studies on Style of Civil Litigation

Documents ...................................................................................................578

B. Foundation of the Judicial System on the Style of Civil Litigation

Documents ....................................................................................................579

C. Litigation Philosophy of Interactive Guidance of Dynamic Trial Elements

and Elements of Litigation Documents........................................................580

V. LOCALIZATION PATH OF THE COMMENTARY RESEARCH PARADIGMS ON DOCUMENT

STYLE FROM THE PERSPECTIVE OF THE PUBLIC LEGAL SERVICE FUNCTION.......... 583

A. Improvement and Supplementation of the Elements That Are Not Specified in the

Style of Civil Litigation Documents................................................................584

B. Essential Aspects of Dynamically Extracting Elementary Judgment Documents in

Conjunction with Elemental Law...................................................................585

C. Bridging the Gap between the Document Style and Litigation Procedure Law

Systems .........................................................................................................586

D. Developing an Accurate Understanding of the Limits and Tensions of the

Reasoning in Judgment Documents in the Reform of the Separation of Complex

and Simple Cases.......................................................................................... 588

E. Intelligent Document Module Generation and Trial Rules That Refine Interaction

Guidelines.....................................................................................................588

CONCLUSION........................................................................................................................ 590

INTRODUCTION

The Supreme People’s Court (SPC) of the People’s Republic of China has always

encouraged the research and promotion of standardized civil litigation documents. The

traditional trial management mode is mainly realized through the participation of the

president of the court in the collegial panel and review of legal documents on a

level-by-level basis. Earlier, in the trial management mode, the style of civil litigation

documents played a significant role in the regulation of the procedure. In the operation

mechanism of the judicial power of modern Chinese courts, the panel discussion and

approval of legal documents by the president of the court has long been a trial supervision

and management method, which indicates that the textual carriers of the legal documents

contain the function of civil procedure regulation. The most commonly used legal writing