Research On Civil Expedited Trial Procedure In China

Civil Expedited Trial Procedure means that the grass-roots court takes a new procedure-during trial for the simple civil and commercial cases,those are basic on the smaller quantities of litigation,the facts clearly ascertained and clear jural relations etc.,it emphasizes to simplify the judicial proceedings in the basic frame of existing summary procedures,to solve the disputes rapidly.Civil Expedited Trial Procedure reflects the non-lawsuit,emphasizes the case hearing's non-procedural,and shows the active and leading function of the judges' power.As the grass-roots court,carrying on this judicial reformation from the bottom top is important,it has advantages in economy,simplicity and high efficiency,it adapts the need of trial proceedings and increases the trial efficiency in some way,it also saves the judicial costs and relieves the legal pressure,and Civil Expedited Trial Procedure has brought some practical results.While the Civil Expedited Trial Procedure exists some shortages in proceeding and itself.Those shortages are restricting the reformation from proceeding and development.Civil Expedited Trial Procedure should acquire the specific law status to promote its standard development.In fact,there are two kinds of views for its law status.One is that Civil Expedited Trial Procedure is a judicial procedure,that is independent of the summary procedures.Another is that Civil Expedited Trial Procedure attaches to the summary procedures.What is more,most of the scholars consider that it's an independent procedure.After doing the further analysis and research on the development of Civil Expedited Procedure,and combining the development of legal environment,the situation of the judicial operating,the writer considers that it has no so much actual demand and feasibility,if Civil Expedited Trail Procedure becomes an independent judicial procedure.When combining the theories and practice of Civil Expedited Trial Procedure,developing and optimizing the summary procedures,that would not only promote the rational development itself,but help develop our overall civil procedure system more systematically,structurally and scientifically.This paper mainly adopts three research methods,namely,historicalanalysis researchmethod,comparative research method and positivism research method.By using historical analysis method,to accurately grasp the development of Civil Expedited Trial Procedure.By using comparative research method,to compare the similarities and the differences in the Civil Expedited Trial Procedure and small claim procedure,for further understanding of the design of the civil quick judging procedure;By using positivism research method,to analysis the concept of the civil quick judging procedure,the existing problems of Civil Expedited Trial Procedure,etc.By making rational thinking for the development of Civil Expedited Trial Procedure as the necessity and feasibility of the independent litigation procedure's development,put forward feasiblesuggestion for the judicial efficiency reform of the current civil procedure system in China.