Civil Procedure Summary

Summary Procedure of conventional civil procedure is the research item of this thesis．Through systematical theoretical analysis and comparative research to the civil summary procedure,the writer,aiming at the existing problems of the procedure in force,has put forward policyrecommendations to reform and consummate the civil summary procedure in China． The Main Policy Recommendations Include: ONE,The Basic Train of Thought for the Reform．1,To protect the civil rights and interests ofcitizens,legal persons and other units should be the starting point and basic aim of reforming thecivil summary procedure．So,considerations must be given to both the justice and efficiency ofthe procedure,when regarding the value for designing the civil summary procedure system．2,Various kinds of disputes result in different types of conrete requirements of the parties concernedfor settlement．To settle the contradiction between the infinite variety for the requirements of theparties concerned and the finite nature ofjustice resources,civil summary Procedure of differentlevels should be used,according to different situations of not-so-complex civil cases．3,Civil procedure is coercive to a great extent,but not all of those procedure has the same degree of coercion．The aim of civil procedure is to protect the legal rights of natural person and legal person,so,the parties concerned should be given the rights to choose procedures and allowed toj ustify relevant procedures through negotiation．Although,the long-lasting and high·cost procedures should be forbidden． TWO,Recommendations to several concrete questions．1,The Domain of its Application of the Summary Procedure．The scope of the application of the summary procedure should be appropriately extended with considerations to both the justice and efficiency,But over·extending of the scope should be forbidden．The parties concerned should be allowed to select appropriate summary procedure through negotiation so as to extend the application scope of the summary procedure．2,To simplify the conrete operational process of the summary procedure．Special summary court should be established in the basic-level people's court and its branchs for convenient appeal and speedy verdic．The procedure of verdict and the form of legal document should be further simplified．3,Whether it is applicable to use the Summary procedure for the civil cases suitable for the conventional judicial procedure．4,Whether it is appropriate to add more requirements of litigation and use counter charge in the summary procedure．Application of various procedures is determined by different situations．5,Whether it is suitable to applicate summary procedure in apppeal trial of civil cases．The cases of appeal trial should be handled as soon as possible to increase its openness and transparency,An independent pre-procedure of exclusive justice should be established in the procedure of appeal trial for the rational distribution of j ustice resources and high efficiency of litigation．6,To form an independent litigation procedure for cases resulting in low cost．7,To establish a selectable civil procedure．Drawing onthe experience of ADR in foreign civil procedure．Mediation should be separated from judicial procedure and a court of mediation should be established．...