Research On The Improvement Of The Summon By Force System In Civil Litigation

The summon by force system in civil litigation is one of the civil action in the civil enforcement measures, however, in some of the leading practices in the trial of the system, because of its institutional flaws, its proper role and the purpose of civil litigation can’t always be achieved. Based on a legal case, this paper points out that in practice, including some parties who entrusted legal representatives, the plaintiff and the need for joint action in the part of the parties and other subjects are also necessary to appear in court. because of its unjustified refusal court, litigation interruption is resulted. regardless of the dismissal or in absentia, are unable to resolve the dispute successfully. In this paper, start from the status of the summon by force system,I examed its practicality and maneuverability,and proposed some defect.Then by referring to some domestic and foreign scientific and rational approach, combined with our basic facts,put forward measures to solve these problems,.at last, analysis that these methods were legal. In all, this paper were divided into five parts, each part of the main contents are:The introduction is a judicial practice. The case of the situation reflects a conflict between the reality and the legal system. Forcing defendant appear in court can not resolve all issues in a civil action. What’s more, the value of the system did not to be fully realized. Thus, I think about appropriate body who can be used the summon by force system in civil litigation.Based on the provisions of the Civil Procedure Law, the first chapter analyzes the defect of the summon by force system. Applicable subjects only include the main accused and certain legal representatives, the scope is too narrow, setting the "second subpoena" as a precondition, is also unreasonable. The second chapter presents some recommendations for expanding the objects of the summon by force system applies to.First, the summon by force system should also apply to part of the parties who have entrust legal representatives. Second, in the joint action, some parties who do not appear in court without justifiable reasons should also apply to the summon by force system. Third,the summon by force system should also apply to the plaintif. The plaintiff plays an important role in the authenticity of the evidence finds.In some cases, the plaintiff does not appear in court will harm the interests of other parties.The summon by force system which applies to the plaintif reflects the principle of equality of litigation rights of the parties in civil proceedings. Issuing a warrant for the plaintiff also consistently reflect the the right to equal.principles in civil action.From the perspective of applicable procedures,Chapter III issue a number of recommendations in operation. For example, setting the conditions and procedures applicable to the summon by force system, a warrant sites should be specified in accordance with investigators’need, establish some exclusions in issuing a warrant, add legal reasons in civil execution, using social effects to create atmosphere, promote the realization of the value of the litigation and so on.Chapter IV is a convergence of withdrawal and default judgment and the summon by force system, it also confirms the ideea is reasonable.Before withdrawal,the plaintiff should consider the accused’s opinion.in certain cases, in absentia trial level may harm the interests of the other party. In short, only make a convergence of science,can the system realize the true value of litigation.