Study On Civil Expedite Procedure Of PRC

With the development of the economic, legal system and improvement ofpeople’s awareness of their rights, number and types of litigation have a continuousgrowing trend. However, the judicial resources in a certain period is limited and cannot be updated simultaneously with the increase of cases, therefore, the judicialsystem is facing enormous challenges. In addition, the deficiency of the SimpleProcedure in legislation and the judicial practice, makes the special simple casescould not to be shunted well. So courts over the country began a bottom-up judicialreform and create the Civil Expedite Procedure, which definitely means quick judicialprocedure which is much simper than Simper Procedure by applying the procedure tothe eligible cases. This procedure has been popularized all over the country andrespected by local courts since it is been piloted. However, until now there is nouniform legislation regarding this, and only mentioned in the outline work of SupremeCourt, local courts issued the relevant regulations applied within its areas, thereforefragmentation is serious. Plus that the understanding on this procedure of differentcourts are different, there are two main ideals: to consider the procedure as anindependent procedure or consider it to be as a simper procedure based on the SimpleProcedure; In order to uniform the applications over the country, improve theproceeding effectiveness, this article has made some deep research on this, hoping tomake some help to the legislation or judicial practice.This article is divided into five parts, and more than30,000words.The first part is the general explanation of this procedure. We start from the conception of this procedure, and conclude it as a general term of simplifying theproceedings and promoting the litigation process. In final, it is a procedure, not amechanism or system. After clarifying the definition, this article outlines theprocedure’s characteristics, and makes a compare between this procedure and SimpleProcedure, Small claims Procedure, Summary Judgment etc. And it makes the identityof the procedure clearly on the basis of compare.The second part discusses the theoretical basis and practical demand of thisprocedure. First of all, in theory, it satisfies the judicial philosophy of the pursuit ofthe effectiveness, reflects the program proceeds to adapt the principles of price, andalso promotes the equality of citizens to use the litigation system. Secondly, from thejudicial practice, the judicial task and the proportion of judicial resources is a seriousimbalance, in the summary of the drawbacks, speed cutting process the reality of theneed for its existence.The third part analyzes the current status of this procedure in judicial practice,including their specific institutional arrangements, achievements and existingproblems. And then conclude that the absence of unique legislation and uncertainlegal position result in such problems. Therefore, to clarify the procedure’s legalposition is important.The forth part clarify legal position of the procedure, that is an independentprocedure, and illustrate its reasonability from the following aspects: fully reflectingthe procedure’s value, meeting the trend of international judicial reform and useful toform a diversified dispute resolution mechanism.The fifth part proposes the building clue of the procedure through basic principle,specified operation regulation, specified procedure and coordination with otherprograms.