Development And Consummation Of Civil Summary Procedure

This is a thesis that studies summary procedure of conventional civil procedure. Aiming at the phenomenon that the theoretical research of the civil summary procedure has slowed down since the judicial interpretation of our country?ˉs civil summary procedure be promulgated in 2003, the thesis tries to discover the rule of summary procedure during it?ˉs development with comparative methods and analytic demonstrations, and also tires to study the legislative policy of it so as to seek the way to perfect our country?ˉs civil summary procedure and put forward recommendations of the author?ˉs own point of view. The thesis?ˉs theoretical significance lies in enriching the theoretical study of our country?ˉs summary procedure by binging forward own special views. Its practical significance lies in the following facts: It gives advisements for amending the judicial interpretations of our country?ˉs civil summary procedure. And it also gives references for advancing summary procedure legislation and modifying our country?ˉs code of civil law.The text of this thesis consists of five parts.The first chapter is titled ?°Background and theoretical foundation of civil summary procedure?±. In this chapter, the writer first introduced the historical background that how the summary procedure came into being in order to let the readers have some acquaintance with the traits of its naissance. Then the writer analyzed four main existence values of summary procedure gradually from shallow to deep. The most obvious value is to speed the trial. What?ˉs more, summary procedure can distribute the judicial resources more reasonably, thereby realizing one of the value targets, which is to make the procedure more economical, also to provide the public with judicial resources fairly, and finally to maximize justness.The second chapter is titled ?°Comparative research of civil summary procedure in different countries?±. In this chapter, the writer selected some typical countries of the two families of law to systematically introduce the developments and variances of summary procedure in the different country?ˉs judicial reforms from the beginning of 20th century to recent years, and analyzed the similarities and differences among different country?ˉs summary procedures, including trends prevailing in its development, which established a foundation to set forth the method to perfect our country?ˉs civil summary procedure in the following text.The third chapter is titled ?°Development and consummation in legislation of civil summary procedure in our country?±. In this chapter, the historical developments...