The Summary Of China 's Civil Reform And Perfect

As an important part of civil action, civil summary procedure has been a hot topic in recent years. Summary procedure , with its relatively rapid and simple charateristic, play a great role in protecting the legal interests of the litigant and insuring the timely closing of the civil case by people's court. But due to the limitation of the legislation of summary procedure conflict arises between legislation and judicatory. By way of field study, this article analyses the problems and shortcomings existing in the legislation of summary procedure and judicatory in our country. It also introduced the civil summary procedure of major civil law countries. That of major common law countries as well as that of Taiwan region by employing the method of comparative study so that we could learn something from them. Based on this and also in accordance with the social reality of our country. This article put forward a tentative plan of the reform and perfection of summary procedure. The article consists of four chapters with 360000 words.Chapter one The Survey to civil summary procedure. This chapter is divided three parts. By introducing the concept of summary procedure of both our country and foreign countries, the first part defines the summary procedure in our country, and maintains that the legislative provision concerning the combination of summary procedure and small–amount procedure in our country can no longer meet the requirement of judicatory practice, and independent summary procedure and small-amount procedure should be constructed. The second part analyses the characteristic of our civil summary procedure . the third part deals with the jurisprudential foundation of summary procedure, namely, citizens enjoying the basic right of access to judicatory and justice; the appropriateness of cost and the optimization of judicial resources; the compatibility of the type of dispute with the procedure.Chapter two The civil summary procedure in other countries and regions. It first introduces the legislative provisions concerning summary procedure of such countries and regions as Germany, France, Japan, the US, the UK and the Taiwan region. Then it compares the legislation of summary procedure in major civil law countries and major common law countries in an attempt to find the inherent law and the trendency in the development, make use of their shared characteristics and provide more insights into the reform and perfection of our country's summary procedure.