What are the characteristics of China's legal tradition?

Characteristics of China's legal tradition

As a reflection of the contradiction between procedural justice and substantive justice, there is also an inherent tension between procedural stability and case justice. If the proceedings are irreversible and ended in time, there will always be some cases that can get substantive relief and eventually lose the opportunity to get relief; On the other hand, if substantive relief is more important than anything else, then the repetition of litigation procedures and the postponement of the trial period are inevitable. The difference of dilemma leads to the great difference between western legal tradition and China legal tradition.

In addition, the dispute settlement and trial system in the new-democratic revolutionary base areas is another important tradition of China's litigation system. The characteristics of this tradition include emphasizing the maintenance of certain social relations and ignoring the protection of legal rights; Pay attention to the propaganda and education function of law, but ignore the trial function of law; Emphasize the intervention of the judge's authority, ignore the procedural subjectivity of the parties and so on.