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Studying On Reforming And Improving Summary Procedure Of The Civil Procedure Law Of The PRC

Posted on:2004-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:S Q LiFull Text:PDF
GTID:2156360095452181Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the development of social economy, all sorts of civil and commercial disputes are increasing. People highly demand that the court should settle these disputes with impartial and forthright procedure. For studying how to apply summary procedure on civil law to settle the increasing civil disputes impartially, quickly and economically; and for reforming and improving summary procedure on civil law so as to construct a new theoretical system, procedure norm and application regulations; and for making current civil litigation regulations adapt to the development of market economy more fluently, this study make tentative investigation into the reform and improvement of summary procedure on civil law from the value point of judicial proceedings.This study includes four parts.Part One It mainly introduces the basic features of summary procedure on civil law in three typical countries and areas, America, Japan and Taiwan, in order to learn from their procedure regulations for reforming and improving summary procedure on civil law in our country. America is one of the typical Anglo-American law system countries. Generally speaking, civil litigation procedure in those Anglo-American law system countries is more complicated than ours. American system is binary. Each state and the Federal have independent judicial systems. Most states have a kind of court with limited jurisdiction, that is petty session. Also they have small courts. But these petty sessions and small courts are not judicial courts in a strict way. And its judicial procedures are not so normal. Rules of civil procedure in the Federal do not stipulate independent summary procedure on civil law. At the same time, the summary judicial system is characteristic. The summary judicial system is not only a system, also a process and a kind of pre-judicial proceedings, namely if both litigants have no essential disputes about the fact of thelawsuit, court can make verdict before holding hearings and this verdict is a final and restrictive one. The process simplifies judicial proceedings of the lawsuits that only have law-applied disputes, while not fact disputes. It improves judicial efficiency to some extent.On the whole, Japan belongs to the continental law system countries. Nevertheless it reforms the civil procedure system which is embodied in France's. It is one of the countries which merges principle of a party with official principle of a court together successfully. In Japan, there are petty session, summary civil procedure and small procedure. It is said that Japan is a country that has a little perfect summary procedure on civil law. Either its summary procedure or its small procedure represents lower applies bid, simple and quick civil procedure and such characteristics. The summary civil procedure system in Japan represents the reforming trend of summary procedure on civil law in the world.Taiwan is one of our areas. Its law system has profound origin with our mainland's system. In Taiwan, its local courts have petty session, which handles with short cases and small cases. Its law of civil procedure specializes summary judicial proceedings and small procedures. The summary procedure on civil law is perfect. It conforms to our culture tradition and people's law idea.Part Two It mainly elaborates the historical development of summary procedure on civil law in our country, its current situation and the deficiencies. There had regulations about summary procedure on civil law from the first civil code which was laid down in the late Qing Dynasty to Nanjing KMT government, yet it has no significant effect on the current summary judicial proceedings. Laws and regulations in the liberated and base areas during new-democratic revolution started the state of summary procedure on civil law with the principle of facilitating people. The summary civil procedure was not built up until in 1982 the tentative civil procedure law was laid down, and it stipulated summary procedure on civil law.With the developing of economy, the current summary...
Keywords/Search Tags:summary procedure on civil law, justice of litigation, value of litigation, effectiveness of litigation, reforming and improving, small civil procedure, short cases and small cases
PDF Full Text Request
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