Research On Civil Detention System

System of civil summon is a compulsory measures imposed by Chinese Civil Procedure Law. In the lawsuit, the plaintiff and the defendant can be summoned, which is very a legal system with Chinese characteristics. Civil coercive measures system have played a very important role since its inception both in terms of improving the legal system, and in the protection proceedings. At the same time we should also see the current imperfections of the system of civil summon. The new "Supreme People's Court on the application of Civil Procedure Law of the People's Republic of China interpretation" has made a certain degree of changes and additions about the system of civil summon,but overall the legislation is still imperfect, which leading to the practicality of the system is not strong in judicial practice. It does not play its due role. In addition to the introduction and the conclusion, this thesis is divided into four parts to analyze the system of civil summon:The first part analyses the general theory of the system of civil summon. This part describes the concept, characteristics and its ideological foundation of the system of civil summon.The plaintiff or defendant who is required to appear, after being twice legally summoned, refused to appear in court without justified reasons. Then the court will take a measure to force the litigant to appear in the proceedings activities. The purpose is not to sanction the person summoned, but a measure enforces someone act with proceedings in the case of last resort. Provisions for current civil law system concerning summon were basic sort, and briefly described the implementation of the framework summon regime.The second part compares the institution between China and other countries and regions in which exist similar system from the perspective of comparative law. As the representative of common law countries, there is no legal system similar to summon system in the United Kingdom and the United States. Therefore, this section analyzes the legal system of civil law countries and China's Taiwan region. By analyzing similar extraterritorial legal system,designed to learn from other countries and regions.The third part analyses the general information on the implementation of the judicial practice of civil summon system. Combining with above analysis, we can analyze the existing problems in the system summon. By summarizing the problems in summon, in order to analyze the way to solve the problems which is hard to summon. For example, the scope ofthe summon system is not comprehensive, loopholes on the proceeding, in order to study solutions to problems, and remedial measures.The last part makes a suggestion on how to perfect the system of civil summon. By the second, three-part analysis of the relevant legal system at home and abroad, summed up the problems faced during the implementation of the current system of civil summon. Combined with the basic situation of China's judicial practice, to explore how to reasonably and effectively make a solution to "summon difficult" issue. For example, increasing the summon of application objects, specifying the conditions and procedures applicable of summon,perfect convergence between summon with other systems, etc.