The Research On Civil Expedite Procedure

Since the late 20th century, along with economic development and social transformation, the type of civil disputes is increasing rapidly year by year as well as the number of civil cases, it has led to that the traditional civil procedure has been unable to meet the new demand for a variety of civil litigation and the litigation explosion has become a worldwide subject. To solve the problems of cumbersome procedures, delays and high costs of litigation, countries are striving vigorously to promote civil justice reform and actively exploring the solution. As the substantial increase in civil cases, there is no doubt that the people's courts are facing unprecedented pressure in their daily work. In this context, the immediate judgment procedure which seeks to solve the civil disputes in a quick and convenient way emerges. Domestically, in 2003, China's Supreme Court had put forward the requirements of"application of summary procedure for the simple civil cases, reducing the tiredness of the parties involved in lawsuits"in one of the documents which is about the"justice for the people on the implementation of 23 specific measures for guidance". Since then, courts in China Combined with the local civil trial practice, have successively formulated some of the instructions or tentative provisions relating to the civil expedite procedure.Objectively speaking, with the acceleration of the litigation process, the pressure of the trial courts would be relieved, the procedural interests of the parties would be protected better, meanwhile, the judicial resources saved and the judicial authority would be improved. However, when we focus on the advantages of the expedite procedure we should also pay attention to some unsolved problems of this institution, such as the lack of legislation, the inappropriate over-simplify the proceedings and the over-shorten of the trial period and so on. These problems not only make the implementation of the expedite procedure illegal, but also make the operation of this institution violate against the procedure mechanism. This paper alleges that when we come to improve our civil expedite procedure, the concept of distributive justice on the judicial proceedings must be established, the cases classification system also should be implemented, and we must strengthen the obligation between the court and the parties in order to expedite the proceedings with their joint efforts. Only in this way should we ensure that it never causes other problems when we are speeding up the process of the proceedings. This Paper,with a total of more than forty five thousand words, is divided into three parts, including the introduction, the main text and the conclusion part. The introduction describes the social background and the practical significance of the civil expedite procedure.The main text is divided into four parts.The first Part is"the foundation theory of civil expedite procedure". Firstly, this section defines the basic connotation of the civil expedite procedure, and then it describes the history of the civil expedite procedure. Subsequently, this section analysis of the legal basis of the civil expedite procedure and has a comparative analysis of the civil expedite procedure.The second part is"the civil expedite procedure overseas". First of all, this section introduces the legislation of the civil expedite procedure in French and German ,which represent the civil law countries. Secondly, it introduces the legislation of the civil expedite procedure in the United States and Britain ,which represent the Anglo-American Law countries. At last, it has a deep comparison on the legislative structure and legislative content of the civil expedite procedure overseas.The third part is"the civil expedite procedure in the Chinese context". At the beginning this section introduces the historical development of the civil expedite procedure in our country,then it analyzes the basic present situation and reveals the value and the function of the civil expedite procedure in our country, finally it sums up the existence main Problems of the civil expedite procedure in our country.The fourth part is"the perfection of the civil expedite procedure in our country".This section first proposed a sound macroscopic thoughts of the civil expedite procedure in our country, and then points out some microscopic ideas on how to perfect the civil expedite procedure in our country.Based on the summation of the full-text, the conclusion part states that the civil expedite procedure is only a"internal procedural measure"to alleviate pressure to trail and to resolve the problem of litigation delay. To the deeper level, we should set up diversified form of dispute resolution,enhance the power of the court handling the case, construct proper convergence mechanism between litigation proceedings and non-litigation proceedings which serves as the"external security mechanism", only in this way should the aforementioned issues be fundamentally resolved .