Study On The Civil Expedite Procedure

For improving judicial efficiency,people's court applies the case to diverge reasonably,simplified trial,service and other proceedings,shortening time limit of trials,to realize a expedited summary procedure in the civil summary procedure under the premise of retaining the necessary court elements.The adoption of civil expedite procedure was first came from civil and commercial affairs speed cutting court of Shanghai Pudong New Area Basic People's Court in 2001.After that,local courts established civil speed tribunal to handle the cases quickly.The civil Expedite Procedure play an important role in dealing with trial pressure,debasing lawsuit cost and improving lawsuit efficiency.Therefore,this paper deeply studies on civil expedite procedure from the concept,the operating condition and problem,extraterritorial examination of related systems.then worked out practical and effective solution according to the study.The main body of this article includes six chapters:In Chapter One,this paper carries out the study by describing the domestic and international background of civil expedite procedure and discussing existing research results,comes up with research ideas and methods in line with judicial practice.In Chapter Two,this paper discusses what is civil expedite procedure in the terms of concept,and to finds out its features,implementations and value goals associated with judicial practice.After clarifying the concept,the paper compares related procedure of civil expedite procedure,then comes up with that civil expedite procedure and small claims procedure are the important reform measurements of the civil summary procedure.In Chapter Three,this paper analyzes the rules of civil expedite procedure in six basic people's court and three high people's court,and finds out the similarity and difference of practical operation methods.In addition,the paper discusses the operating condition of civil expedite procedure by comparing with new operating instruction issued by Supreme People's Court in 2017.In Chapter Four,the article points out the main problem existed in the operating civil expedite procedure and its underlying causes by analyzing the civil expedite procedure in some local courts.The Chapter Five tells extraterritorial examination of related systems.Based on Chinese civil expedite procedure,to study characteristic systems of England,America,French and German which are related to the efficiency of trials,and perfect Chinese civil expedite procedure according to the existing concrete problems in our country.The Chapter Six explains reform proposals of civil expedite procedure.Further refining Chinese civil expedite procedure from the point of guiding principles,specific reforms,supporting systems and so on.