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The Reform Of The Civil Summary Procedure

Posted on:2006-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2166360155475142Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the modern west nation, with the development of the economy, social relationship gradually complicated, the private right extends continuously, the quantity of civil conflicts is increasing, there appeared" litigation Bang" phenomenon since the 40's of 20 centuries. In China, along with the theory of ruling by law, the institution of the legal system is more and more important, the worship to the ruling by law causes high anticipation to the judicatory, and at the same time, the economic dispute in civil case and the quantity of litigation are increasing quickly. In order to alleviate the pressure of the court which bring by the increasing of the litigation, in order to looking after both sides the efficiency and the perfect litigation also, from current judicial resources, guaranteeing a common citizen can realizes his own right by litigation, we must reform and perfect the civil summary procedure completely. Judged by current lawmaking and judicatory reform, we can find the lawmaking of our summary procedure lacks system, the scope of the cases which accepted by the court is excessively narrow, there is no match system such as judge class system and litigation fee system, at the same time, there exist a lot of problems in concrete procedure, the most worry is the reformation in the judicatory practices, which regardless of the dignity and unify of the law. Based on this, this paper analyzed the difficulty of our civil procedure in the lawmaking and judicial practice, further more, found out the source of the difficulty, then analysis the theoretical base of the reformation to civil summary procedure, at last, give some animadversions to the reformation of the civil summary procedure, of course, put forward some suggestions for it.
Keywords/Search Tags:summary procedure, common procedure, litigant efficiency
PDF Full Text Request
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