👉The table of contents so far is here.
Chapter 7: The System of Litigation Law
7.1. Communist litigation Laws
In capitalist society, the ultimate embodiment of the monetary economy, disputes and crimes over money occur constantly, so a strong judicial system is essential to quickly and compulsorily adjudicate disputes in a broad sense, including crimes. This is usually done through an authoritarian institution called the court, and various procedural laws exist that define the details of the trial procedure.
In contrast, in a communist society where the monetary economy is abolished, disputes and crimes over money will naturally disappear. However, if conflicts are an inevitable part of human society, the need for judicial power to publicly handle the disputes that still inevitably arise will not disappear.
However, in that society, the necessity for judicial trials is no longer necessary, and therefore there is no need for a system of courts that authoritatively adjudicates lawsuits. A more flexible and non-authoritarian judicial procedure for resolving communist disputes is sufficient, and such a procedure is also more effective for resolving them. To get a rough idea of these communist judicial procedures, one may recall that they are similar to the various systems of non-contentious procedures and alternative dispute resolution (ADR) procedures that are implemented as a supplement under the current judicial system.
Laws that serve as the basis for judicial procedures that do not rely on the formula "judicial proceedings = trials" can be collectively called "litigation law," but of course this is not a single law; they are broadly categorized by type of dispute, with individual procedural laws established for each.
To list them, they can be broadly divided into six areas: civic justice, which deals with civic law disputes; economic justice, which deals with economic law disputes; offences justice, which deals with the clarification and treatment illegal acts; civil protection justice, which deals with human rights relief and complaints against public authorities; impeachment justice, which deals with impeachment cases of public officials; and jurisprudence justice, which deals with the interpretation of laws and regulations, including constitutional review to examine violations of the Charter of the Commons' Convention. In the following sections, we will look at each of these six judicial areas individually.
👉The papers published on this blog are meant to expand upon my On Communism.
