The Scope Of China's Civil Summary Procedure

Summary procedure is an independent procedure which as a tie with the general procedure.It is favored by countries in the world for its simple and easy.Summary procedure has high frequency application in China's courts at the grassroots level.And the scope of civil summary procedure undoubtedly has an unshakable position in the theory of civil summary procedure.Reasonable definition of the scope of civil summary procedure could promote summary civil procedure's function and value embodied, guarantee it is carried out smoothly.This thesis based on analysis of the basic theory of the scope of civil summary procedure and the reference to the reasonable system of the scope of civil summary procedure of world's major countries and regions, inspected the history of the scope of China's summary procedure application,and then analysis and review the current situation of the legislation and procedural practice,based on China's national conditions, put forward some rough views and suggestions for reform and improvement the scope of summary procedure.There are three sections in this thesis.Chapter one:Basic theory of the scope of civil summary procedure. This chapter rationally definite civil summary procedure and its scope through the comparative study of civil summary procedure concept at home and abroad,In order to promote theoretical study,the sense of the scope of civil summary procedure should be understood in the most widely way. Analysis the theory of law foundation for the scope of civil summary procedure,including justice and efficiency,Protection of the rights of the parties,and appropriate spending.Chapter two:The comparison and analysis of the scope of summary procedure.This chapter through the comparative study of the system of the scope of civil summary procedure of world's major countries and regions, summed up abroad and China's Hong Kong,Macao,Taiwan's in the scope of summary procedure common and developing tend.The reference could be used for the scope of China's summary procedure.Chapter three:The current situation and improvement of the scope of China's summary procedure.This chapter started form the inspection to the history of the scope of China's summary procedure application,analysis and review the current situation of the legislation and procedural practice. On this basis,the author puts forward the suggestion of Improve the scope of China's summary procedure at last.First,put forward two guiding ideology of improve the scope of summary procedure from the procedural point.And then discusses and expands the scope of the applicable civil events.And then design the small claims procedure as the premise, Standard the case scope of summary procedure from subject,the types of case,and the agreement of the parties,finally makes the supplement from the point of view of the actors of the scope of China's civil summary procedure,...