Empirical Study On The Civil Summary Procedure In PRC

Civil society has strengthened the function can be decomposed into two parts : One is a controversial subject because of privacy under the prerequisite of the proper procedures to be settled more quickly. Second is the premise of the rational allocation of judicial resources can ensure stability and order in the proceedings. As civil summary civil proceedings to the greatest extent possible to achieve the above functions are charged, the rest of the world has become in recent years to reform the system of civil justice reform and an important part of our country.Reform in China's civil trial, the first trial processes in general has always been of concern to academics, the results of research in this relatively large. Summary of the study showed the face of a marked shortage. In fact, China's judicial practice, nearly 80% of civil cases are resolved through a summary procedure, civil and common law countries, occupies an extremely important position in the system simple and widely applicable. This shows that the value of summary proceedings in the litigation should not be ignored. China's civil justice system has yet to build a complete summary, the legislation too careless with the practice of the law contradict the strong demand, which would inevitably have on the efficiency of the litigation process and the legitimate pursuit of greatly reduced.Along with China's economic development and social progress and people's attitude and actions of the judiciary's understanding of the tremendous changes have taken place in the traditional "disgusting action" awareness is changing, and the national judicial relief through litigation initiated procedures people in the face of disputes has become an important option. People how to provide a more agile, economic and impartial dispute settlement, the state judiciary has become an important social function. The existing system of civil Summary Due to historical reasons, the concept of restricted thinking more and more blind system of legal, practical operation of misunderstanding, the rough is only technical, theoretical research is weak, judicial chaos.In my experience as a grass-roots courts and intermediate people's courts for years engaged in a civil trial judge, based on years of trial experience, based on the current development of China's civil justice based on the view of civil justice in the application of simple procedures that exist in the functioning of the various mistakes and shortcomings and to find the causes wondering civil summary of the theory should explain the reasons for the need to reform the civil summary and final attempt to reform and improve the proposal, so as to improve the court's efficiency and optimize the allocation of judicial resources, and promote the legal process.