The Theories On Restructuring Of China's Civil Summary Procedure

It gives play to the role of simple and easy, small contentious procedure to be the our times civil action system reform and a main trend developed fully. Because of our country traditional theory concept and understanding of scope of application in summary procedure too narrow, Thus restricted the research and development of the summary procedure, This text pass to summary procedure comparative research of concept, think of our country summary procedure concept should break through and legislate limitation that stipulate, Expand the scope of application of the summary procedure. Think lawsuit fairness and efficiency two major balance and coordination of value the inherent mechanism that the summary procedure exists. And make investigations through the real example, point out that the civil summary procedure of our country is in the issue, Summary procedure simplify for instance, summary procedure function give play to incompletely, and summary procedure and ordinary procedure demarcation line unclear to wait a moment for a great deal of questions. Use the method that relatively studies to introduce the foreign legislative example of summary procedure of Taiwan of our country, From in get some enlightenment of. And propose the imagination of constructing the summary procedure of our country tentatively again. Think our country should establish summary procedure as slightly type independent position of contentious procedure. Not only should reform and perfect the traditional civil summary procedure but also set up the summary procedure of the small lawsuit, Perfect trial on appeal and review summary procedure of procedure and imagine. Expect to reform the system of civil action of the presentsystem of civil action beneficially, Teach in everybody at the same time.The full text divides into five parts altogether:The first part Have explained the basic theory of the civil summary procedure especially in terms of legal principle, I think our country traditional theory concept in summary procedure and what scope of application understand too narrow, Concept of summary procedure should break through and legislate limitation that stipulate ,define to its concept again. Point out lawsuit fairness and efficiency two major balance and coordination of value the inherent mechanism that the summary procedure exists.Second part Brief to introduce of our country historical development of summary procedure, through method that real example investigates, Analyse to applicable to situation, and of our country question that summary procedure exist of our country summary procedure especially, Carry on the preliminary discussion to the reason existing in current situation.The third part make brief introduction to U.S.A., Japan, France, simple procedure and small lawsuit of Taiwan, Summarize the legislative characteristic of the foreign simple procedure, as a means of drawing lessons from.Fourth part Copies of centre of thesis, direct against the question that the summary procedure of civil action of our country exists, Combine foreign legislative example of summary procedure, put forward and construct of our country preliminary imagination of summary procedure again. Include: First, perfect the principle that the summary procedure of civil action of our country should be followed Second, establish the summary procedure as slightly independent status of the contentious procedure of the type. Third, reform and perfecting the traditional civil summary procedure. Fourth, set up civil summary procedure relevant mechanism. Fifth, build and construct the independent small contentious procedure. Sixth, perfect the trial on appeal and review the summary procedure in the procedure.The fifth part Conclude the speech and put emphasis on constructing the question that the summary procedure of our country should be paid attention to again.