Discussion On Simplified Civil Procedure

With the development in Chinese economy and the enforcement of the People's law consciousness, the number of civil cases are increasing rapidly. The illogicality between finite judicial resource and the People's progressive litigation demand is scorching more and more. It makes the China judicial system confront with huge tension. In the civil procedure system, simplified civil procedure is designated at a quick and smooth conclusion of social disputes, they function to maintain social stability, preserve and protect legal rights of both parties and enable the court to trial cases without delay. However , these functions are somehow hindered for the Civil Procedure Law and its implementation rules are not adequately regulated for the procedure, the real judicial practice neither meet the social needs nor the faithful anticipation of legislators. So it is important for us to perfect the simplified civil procedure as soon as we can. Analyzing the defects in our system and together with the advanced experiences abroad, the text below will look inside the procedure and make a deeper inquiry on its improvement.The thesis is consisted of 4 chapters:The first part is about the reasons that why to construct simplified civil procedure.The second part briefly introduces the judicial practices in western countries.The third part introduces our simplified civil procedure in particular.The fourth part theoretically provides some lawmaking advices about how to perfect our simplified civil procedure, includes the analysis about whether we should construct legal procedure of small claims.