On Summary Procedure For Civil Lawsuit In Our Country And How To Improve It

Summary procedure is a judicial proceeding mostly applied when a civil case is heard in a basic level court. Overloaded long-pending cases in the basic level court has become an extremely pressing issue in the court system, and therefore, it will be of very important present significance to study the legislation and application and to further improve and standardize the system of the summary procedure for civil lawsuit. All world countries have been paying much attention to the summary procedure for civil lawsuit because it is a special form of civil proceeding, which has active function to improve the efficiency of actions, reduces the cost of lawsuit, and accelerate case settlement speed of the court. From the American Civil procedural Law, and the latest trend of civil procedure reform in UK to the civil procedural law in Taiwan area of our country, detail provisions have been unexceptionally stipulated to the system of the summary procedure for civil lawsuit. Also, the reform of the system of the summary procedure for civil lawsuit is also a topic to study as the key point of civil judicial procedure reform. However, the existing summary procedure for civil lawsuit in our country has not yet formed an integral and complete legal system, legislative interpretation conflicts with judicial interpretation, and the boundary between ordinary procedure and summary procedure is not well defined, which cause chaos and utter disorder for application of summary procedure in court at basic level. Besides, it is a procedure of "rubber band" type because there is no centrally and strictly defined standard, making the parties concerned to raise doubts about justice. All of these reflect the fact that the provisions of existing summary procedure for civil lawsuit cannot meet the demand for development of present situation. Under such a background, the author of this thesis discusses the theoretic basis, legislation and practice patterns, judicial application in court at basic level concerning the system of summary procedure for civil lawsuit, analyzes specific defects of the existing system of summary procedure for civil lawsuit in our country, and forwards his own opinion on how to perfect the system of summary procedure for civil lawsuit in our country. The purpose of the author is to do a bit for system reform of summary procedure for civil lawsuit in our country.This thesis is divided into four parts: Party I discusses the value and function of system of summary procedure for civil lawsuit. Firstly, the author analyzes the system value of summary procedure for civil lawsuit, discusses the internal value for existence and development of summary procedure for civil lawsuit concerning protection of the citizen's lawsuit right, principle of charges appropriateness, and application result, reveals the jurisprudential foundation of summary procedure for civil lawsuit, and expounds theoretic origin of summary procedure for civil lawsuit; then, analyzes the special value of summary procedure for civil lawsuit in promoting efficiency of action and guarantee procedural fairness so as to understand the essence of summary procedure for civil lawsuit; and finally, the author analyzes the functions of the system of summary procedure for civil lawsuit, thoroughly clarifies the important position of summary procedure for civil lawsuit in the civil actions in the court at basic level, and exhibits the prospects for future development of the system of summary procedure for civil lawsuit. Party II mainly analyzes the present situation concerning application of summary procedure, summarizes the existing problems and cause for reform of the existing summary procedure for civil lawsuit in our country. Firstly, the author makes a statistic investigation into the quantity, quality and effect of application of the summary procedure in courts at basic level, gives a demonstrative analysis, and introduces the role of the summary procedure for judgment made in courts at basic level; secondly, accordi...