Comment The Civil Summary Procedure

The civil summary procedure is a kind of litigation procedure which is applicable to the civil case that the facts of the case are clear and the subject matter is smaller.Its purpose is to reduce the cost of litigation,shorten the litigation cycle.With the rapid development of social economy,social contradictions become increasingly prominent.The large increase in the number of civil cases and the new types of cases emerge in an endless stream.The phenomenon of “litigation explosion” was appeared.In such a situation,the traditional civil summary procedure has been unable to fully meet the demand.In order to solve the current shortage of judicial resources,at the same time,in order to promote the development of civil litigation summary procedure in our country,giving full play to the role of summary procedure in civil procedure.Solving the increasing pressure of civil cases in China and satisfying the actual requirement,we should absorb the successful experience of the reform and development of the summary procedure of civil procedure abroad and perfect the summary procedure of civil litigation in our country.We need to establish a convenient,economical and efficient civil procedure.In addition to the abstract and conclusion,this paper is divided into four parts.This paper mainly includes the following contents:An overview of civil summary procedure.First,starting with the concept,based on the analysis of the different viewpoints of the three concepts of civil summary procedure.The concept of civil summary procedure is defined.Secondly,it analyzes the value of summary procedure.The principle of giving priority to efficiency and fairness,the principle of equal litigation cost,optimizing the allocation of resources to deal with disputes and principle of timely trial are the value of civil summary procedure.Finally,the characteristics of civil summary procedure are introduced.The civil summary procedure is not only simple and quick,but alsogiving the parties the right to choose the program.Meanwhile,it also set up the adjustment of the re-procedure.The second part is the analysis of the status of civil summary procedure in our country.Firstly,this chapter introduces the development history of civil summary procedure in our country.Secondly,this chapter analyzes the problems existing in thelegislation and practice of the civil summary procedure in our country.There are no detailed provisions on the scope of application of civil summary procedure in legislation.It is same as common procedure.There is no specific provision for the specific exercise period of litigation rights.There is no specific provision for the specific exercise period of litigation rights.There is no restriction on the procedural rights of the parties.In the pretrial preparation procedure,there is no provision for jurisdiction.The term of the civil summary procedure is too long.In practice,there are some problems,such as the difficulty of service,the ability to judge the right not to be matched,the unclear boundary between the ordinary procedure and the simple procedure.The third part is the comparative study of civil summary procedure and its enlightenment to China.This chapter firstly introduces the establishment,legal provisions,and reform and development process of the main representative countries of the two legal systems in the civil summary procedure.We learned valuable experience by means of horizontal comparing the civil law countries and the common law system countries.The fourth part is to improve our civil summary procedure of the legal proposal.According to the problems existing in the civil summary procedure of our country,the following suggestions are put forward.Such as,refining the civil summaryprocedure in legislation,fully protect the parties’ right to choose procedure.Perfecting the conditions for the improvement of the general procedure and supporting measures to improve the simple procedure.