In Civil Litigation Summary Procedure Of The Reform And Improve

Summary is a relatively special procedures by which the court put a trial simple civil case. It is not only an inevitable consequence in pace with civil action's development to a certain stage, but also a more rapid development of procedure system in the civil system reform in Western countries and even in the whole world since the 1960s. Chinese civil summary procedure, since the Supreme People's Court promulgated "the application of summary trial of civil cases of certain provisions" has been widely used in trial practice. In the process of application, summary trial of civil cases has played a positive role in response to the contradiction of the court's lawyers less than cases because the process is simple, low cost. However, due to inherent shortcomings in civil summary procedure and legislation and the constraints of the public legal system, the existing civil summary procedure is not very good to achieve its original goal. And in judicial practice, there are also many problems. Therefore, it is necessary not only to reform the civil procedure, which is a necessary process of modernization of the rule of law, but also to play more effectively judicial resources, to adapt to people's increasing demand for justice and the interests of diverse needs of modern society. Summary of the civil reform has become theorists and practitioners'consensus, which is to achieve cost-effective summary value. In the face of the reform of summary, we can no longer follow the old road that from complex to simple,and the program should be "legitimate" and "simplified" to re-optimization based on the optimization, and re-simplification based on simplification,make the essence of the summary which is simple and efficient really play. This is not only the requirements of justice and efficiency, but also an inevitable choice to fit the trend of proceeding with the reform of the world. With perspective of further simplified summary, this paper select 50 appeals by summary procedure in grassroots court and the summary trial of the people of 50 cases to survey, and commercial cases in the first instance hearing as the starting point, using the empirical method of analysis, in connection with defects of the legislation of civil summary, in analysis of the present situation of the civil summary procedure applies to cases, with the reality of the need for reform and theoretical justification for re-simplifying simple procedure of civil case, and use it as an opportunity to proposed simplified summary in new model of civil adversary and the path of reform: conceptual idea to establish further simplified; concept to a new party as the core; reconstruction of the system to be reasonable in defining the scope of summary and by the introduction of small claims procedures and fast adjudication further simplify procedures for summary transformation.