The Study On Civil Expedite Procedure Of PRC

Since the 21 st century,along with the new stage of rapid economic development,our legal system construction and people's concept of the rule of law and rights consciousness have been improved,the society is in transformation.The number of civil disputes rising sharply,new types of cases emerge in endlessly,the limited judicial resources have gradually cannot meet the growing demand.In the face of litigation explosion,there is a problem in China's judicial reform and the courts is that how to realize litigation in guarantee under the premise of justice of litigation efficiency.Therefore,the local courts for civil expedite procedure of exploration and practice under the guidance of the supreme people's court,hopes to solve the plight of people less with its simple,fast and efficient characteristics.The program on a trial basis has got a rapid promotion and has also made some achievements to improve the efficiency of lawsuit and save the cost.But due to the lack of a clear legal safeguard and the unified specification,there are different understanding of civil expedite procedure,the operation rules are also different,which is not conducive to the development and perfection of it.There is a study on the civil expedite procedure in this paper,may provide certain theoretical support to the civil expedite procedure developed into an independent civil proceeding.In this paper,a total of more than 30 thousand words,the text is divided into five parts.The first part expounds the basic theory of civil expedite procedure,mainly introduces and analysis the international and domestic background and its basic connotation and legal basis.The second part introduces outside the civil expedite procedure,including the general situation of Britain,the United States,France and Germany,and carries on the comparative analysis.With our country present civil expedite procedure practice exploration situation,the third part analysis of the problems.On the basis of the above,the forth part makes a comparison of civil expedite procedure and the summary procedure,small lawsuit procedure,putting forward to build and perfect the necessity and feasibility of civil expedite procedure.The fifth part proposes the specific ideas to construct the civil expedite procedure with the basic principle,the specific procedures and other dispute resolution mechanism of cohesion.