Trial Exploration And Legislative Suggestion On Civil Speed-cutting Procedure

In order to balance the judicial demand and the pressure of the contradiction between,quickly and efficiently resolve the disputes of the parties,maintain the lawful rights and interests of the parties,at the same time ensure that court justice and efficient management,trial of civil cases and simplifieddistributary becomes common focus in theory and in practice.Under the guidance of this thought,various courts in the country began to cut the judicial practice quickly,and set up the speed cutting organization successively.However,there is a lack of unified legislative provisions and corresponding,theoretical guidance in the design of speed cutting program,so it affects the effectiveness of the speed cutting program.Based on this,this paper aims to put forward its own legislative proposals through the pilot exploration of some grassroots courts.This article is composed of five parts.The following will be described:The first part mainly discusses the basic theoretical problems such as the origin,the background of the civil speed cutting procedure and the determination of its nature,so as to make clear the definition of the speed cutting procedure in this paper.The second part mainly through the investigation of the operation of some courts in judicial practice,and synthesizes the general situation of the local grass-roots courts,the setting up of the prompt adjudication organization,and the scope of accepting cases applicable to the speedy adjudication procedure.The way of dealing with the effect of quick adjudication cannot be achieved,and the relief of the right of the parties after applying the procedure of quick adjudication is evaluated,so that the operation of the civil quick adjudication procedure in our country injudicial practice can be grasped as a whole.In the third part,through analyzing the relevant policy basis of China's civil speed-cutting procedure.the author finds out the value significance of the procedure and its deficiency.The author thinks that the main problems existing in the civil quick adjudication procedure in our country are reflected in the following aspects:first,It is not clear the guiding ideology of the procedure;second,the lack of unified legislative provisions;third,excessive pursuit of litigation efficiency;fourth,lack of specific provisions and related procedures supporting system design.The fourth part introduces the relevant legislative experience of the extraterritorial speedy adjudication procedure,such as the British "simplified","fast","fine" three quick adjudication concepts,the United States decentralized and centralized dual legislative system.Germany's preparation period and the main period of the parallel model,France's urgent adjudication procedures,in order to better understand and improve the development of their own expedited adjudication procedures.In the fifth part,based on the above analysis,the author puts forward some legislative suggestions for the construction of civil adjudication procedure system:to realize the organic unification of litigation efficiency and procedural justice;second,to establish the legislative style of expedited adjudication procedure;and third,to form a clear hierarchy.Complete content of the quick-cut procedure framework;four-standard fast-cut procedures related to the supporting system.