Study On The Scope Of Application Of Civil Summary Procedure

How to rationally definite the scope of summary civil procedure is thecore of the construction of summary civil procedure. The rational scopeof summary civil procedure reflects the coordination of procedural justiceand efficiency. It's also the basic guarantee to improve our legal system.But in our country, there are many defects about the regulation of thescope of summary civil procedure both in the field of theory and practice.In this article, suggestion is given on how to improve the scope ofsummary civil procedure based on the fundamental theory and legislativecomparison.This paper contains three parts:Chapter 1 introduces the different views in and outside the state on theconcept of the summary civil procedure and considers that we shouldextend the scope of summary civil procedure. It also analyzes the value ofthe summary procedure and the significance of improving the scope ofsummary civil procedure.Chapter 2 makes brief introduction of the scope of summary civilprocedure in England, U.S.A., France, Germany, Japan and TaiwanProvince, summarizes their legislative identities and tendency, providesthe experiences for our country's reference.Chapter 3 states the history and present situation of our application ofsummary civil procedure, at the same time, puts forward rough measureswhich include extending the scope of the applicable civil events, thecourts and the trial rank.