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Research On The Summary Civil Procedure

Posted on:2004-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X M CuiFull Text:PDF
GTID:2156360095956299Subject:Litigation
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This is a paper of research on the summary civil procedure . From this paper, the author advanced her suggestions of China's summary civil procedure.In the first part, the author introduces some forms of summary civil procedure in different countries, such as Summary Judgment, Small Claims and Summary Civil Procedure . Through comparative study of these civil summary procedures, the author hopes to give some benefits to our summary civil procedure's reform.In the second part, there are two different developing times in the history of the summary procedure. In this article, the concept and characteristics of the summary procedure in the mainland and it's changes during the practice of the judical reform are involved, so as to prophesy it' s developing tendency.In the third part, the writer mainly proves that the summary procedure is the due process of law. Simultaneously, four reasons the summary procedure exist are discussed, that is, guaranteeing the party access to justice, the principle of adapting the way of settling disputes to the dispute types, the principle of reasonable charges and procedural guaranteeing of the summary and prompt justice.In the forth part, the author attempts to provide a conception of the future summary procedure. First of all, by law making, aiming at saving litigation cost and making the act ion convenient to parties, the procedure option of the parties should be constructed as the core of the summary procedure in the mainland; Secondly, specific measurements are put forward to perfect the summary procedure, such as setting up summary courts , definiting the scope of its application, giving the parties the procedure option, simplifying the summary procedure, reforming the litigation cost system of the summary procedure, etc.
Keywords/Search Tags:Procedure
PDF Full Text Request
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