In Civil Litigation Summary Procedure Of The Reform And Improvement

At present, with the rapid development of economy and society, all sorts of civil and commercial disputes between people are getting more and more frequent. In the process of close interaction,various types of disputes and conflicts are also increasingly apparent people press for dealing with disputes quickly and fairly. In the face of a mountain of case, the courts are also actively pursuing efficient and cheap trial Procedure. The generation of the civil summary procedure is to meet this judicial requirement. This Procedure is very popular, it can be used widely Scope of application, its simple litigation mode directly reduce the litigation cost. However, the summary procedure is also confronted with some problems in China, such as, the relative insufficiency on the theory research, some defects on the legislation. With development of the judicial practice,scope of application of summary procedure need to gradually expand, while properly handling the relationship between efficiency and justice,which is the main line in the summary procedure.This paper is based on the actual situations of judicial practice, embarking on the general concept of summary procedure,analyzing the theory basis of summary procedure, introducing the typical foreign summary procedure, and analyzing comparatively the characteristics of summary procedure of these countries.Meanwhile, based on the legislative and judicial status of summary procedure in China, this paper points out the main problems of summary procedure. On this basis, it proposes to improve ideas and suggestions for the summary procedure of civil litigation in china.The paper is divided into four parts:The first part is about the concept of Civil Summary Procedure. This section makes a comparative analysis of several different expressions of Summary Procedure and gives a reasonable definition of its concept. Then the section fully analyzes the legal basis of its existence and development and points out that unity of justice and benefits should be insisted on in Summary Procedure. And equal rights to accessing justice and to choosing procedures should be ensured.The second part is an introduction of Summary Procedures in representative countries. The countries set their own characteristic systems according to different circumstances respectively. Based on the research of commonalities and trends of Summary Procedure among the countries, the section provides development ideas of reforms and improvements in our Summary Procedure.The third part is to analyze the current legislative and judicial situation of Summary Procedure in China. The section makes a summary of the legislative situation of Summary Procedure in China and deeply analyze new provisions of Summary Procedure, then points out the problems of Summary Procedure in our country’s legislative and judicial practice.The fourth part focuses on ideas and suggestions of the reform and perfection in our Summary Procedure. Drawing on the experience of foreign Summary Procedures, the section tries to put forward feasible suggestions and ideas to deal with existing problems of our Summary Procedure.