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Research On The Civil Quick Judging Procedure Of Our Country

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
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The contradiction between the shortage of judicial resources and the explosive growth of civil and commercial cases is a typical contradiction in the process of judicial adjudication. Under the influence of this contradiction, the court trial is facing tremendous pressure. The traditional mode of trial has been difficult to meet the actual requirements. In order to ease the contradiction and improve the efficiency of the trial, one of the measures is to use civil quick judging procedures. The application of civil quick judging procedure has become an inevitable choice for the development of Judicial practice.In this paper, using a variety of methods of the current civil quick judging procedures for analysis, such as the method of literature research, empirical analysis, comparative analysis, and so on. Firstly, this paper introduces the basic concept and property of civil quick judging procedure, understanding of the program in the positioning of the civil procedure law in our country. Through the analysis of the civil quick judging features and the setting principles, awareness of the need for setting up civil quick judging process. Points out the differences and relations between the program with the small claims procedure and the simple procedure; followed by the use of comparative analysis method and carried out a comparative analysis of the extraterritorial two big legal system civil quick judging relevant provisions, sums up the characteristics and as a reference. Once again, the status of China’s current civil quick judging procedures are summarized and analyzed.Through these analyses, we find that there is a lack of legal basis and positioning, the litigant’s procedure selection right should be guaranteed and the ordinary procedure transition mechanism is not perfect etc. For these problems, the paper finally adopted special measures to solve them.This paper argues that in order to solve the above problems, the first is to give a reasonable positioning for the procedures in the legislation.The second is to ensure parties procedural option from the two aspects of the scope and level of trial.The last is to further realize the scientific efficiently convert mechanism of these procedures. The main purpose of this paper is to make people can have a more profound understanding of the work, through the improvement of civil quick judging procedure so as to enhance the efficiency of trial.
Keywords/Search Tags:civil quick judging, civil trial procedure, simple procedure, petty action, efficiency and fairness
PDF Full Text Request
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