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To Perfect The System Of Civil Summary Procedure

Posted on:2013-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ZhengFull Text:PDF
GTID:2246330374470194Subject:Law
Abstract/Summary:PDF Full Text Request
China’s Civil Procedure summary system is based on Chapter13of the Civil Procedure Law of the People’s Republic of China,1991, the provisions on summary procedures for infrastructure from the The Supreme People’s Court in the next ten years around the Civil Procedure Chapter XIII promulgated a number of judicial interpretation, the formation of our current civil summary system. Simplified Civil Procedure Civil Procedure Law (for trial implementation) to the current Civil Procedure Law Enforcement20years, as the convenient masses litigation, to facilitate the people’s court to decide cases, reduce the burden of parties to litigation, to ensure the people’s court to hear the case, played a positive role. With the rapid development of social and economic life, market transactions associated with disputes than in the past are more frequent and diverse, the people’s courts accepted a substantial increase in the number of cases in the application of summary procedure has become more apparent. The wishes of the parties to litigation is simple and efficient requirements, and the people’s court hearing on the quick summary of the current civil imperfect in sharp contradiction. Therefore, reform and improve the summary of the current civil action has become a major issue facing of the judiciary. Based on the problems of China’s civil action summary legislative experience, learn from other countries and regions in a civil action summary procedure were explored on how to reform and improve China’s civil summary procedure.In addition to the summary and conclusion, the paper is divided into four parts:The first section describes the basic theory of the simple procedure of civil litigation, including civil action summary of the concepts and legal basis; the second part of the civil action summary of the major countries and regions were investigated, mainly the United States, Japan and Taiwan of China a civil action summary; the third section presents a summary of our civil status and problems; part IV discusses the related ideas to improve our civil summary.
Keywords/Search Tags:simple procedures, small claims procedures, judicial reform
PDF Full Text Request
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