Rethink And Rebuild The Simple Procedure Of Civil

As a kind of civil procedure which is parallel and independent to the common procedure of civil case, the Simple procedure of civil case has the characteristics that the litigation cost is lower, the period is shorter, the litigation method is simple and applied in the more wide scope, so it is welcomed by the legislation field of the International community. The limitation of legislation and the disorder of judicatory practice call for the farther research which will help to the modernization build of civil procedure. The article the includes several parts as following:Firstly, the article will talks about the basic theory of the simple procedure of civil case. In this article, the author tries to define the simple procedure of civil case in .China on the foundation of comparative analysis of the two Law System. Then, the author expatiates to the value of simple procedure of civil case, which is the reason that is welcomed by the legislation field of the International community.Secondly, the article will talks about the legislation of the countries of different law system. The simple procedure of civil case is regulated at large in the tow law system's countries. The article makes an review on the legislations of several countries and makes a conclusion on developmental trend of simple procedure of civil case.Thirdly, the article will analyses the status in quo of Chinese simple civil procedure. Through elaborating the theories foundation of the simple procedure ofcivil case, the author gives a simple summary to the exercise of our national simple procedure of civil case in the present conditions on this foundation.Fourthly, the article will talks about the rebuild of Simple procedure of civil case in China. With the foundation of the theories analysis above, according to the situation of our country, and using the western national successful experience for reference, the author considers we should conceive the simple procedure with the dispute solving for purpose, taking the balance of the equity and efficiency as the correspond point, regarding the power doctrine as principle, mixing with the mode of the party concerned doctrine, therefore, the reform of the current simple procedure of our country should from several aspects.