Research On The System Of Civil Summons In China

The civil detention measures are a kind of compulsory measures for the five kinds of compulsory measures that impede civil litigation as stipulated in China's Civil Procedure Law.It is an important function to guarantee that the civil proceedings are smoothly carried out and the timeliness of the litigation is guaranteed by the fact that the specific original and defendant in the civil litigation are summoned twice without justifiable reasons.However,there are many anomies in the analysis of the laws and regulations on the summon system in our country,which has led to great controversy in the academic summon system in China,and there are disputes about the detention system itself.The controversy has caused a lot of controversy,and the detention system is rarely applied in practice,and its operation is not strong.It does not play its due role,so it needs to be improved.In addition to the introduction and conclusion,this paper divides the basic theory of civil detention system,the status quo and problems of China's civil detention system,the investigation and enlightenment of the extraterritorial civil detention system,and the improvement of the civil detention system in China to analyze the civil detention system.The first part elaborates the basic theory of civil detention system in China.It mainly describes the concept and nature of the civil detention system.The nature of civil detention is based on the means of sanctions,educational means and legal responsibility.This article agrees with the sanctions.Following this,the situation of applying the civil detention measures is sorted out.The original case and the defendant in the general case will be dismissed or absent from the court.Only in the specific case,the original and the defendant will be arrested in court.Finally,due to the existence of the dispute between the academic system and the abolition of the system,the value of the establishment of the detention system was discussed.The second part describes the status quo and problems of China's civil detention system.It mainly sorts out the legislative provisions of the current civil procedure law system on the civil detention system in the trial procedure and the enforcement procedure,and the judicial application of the detention system,so as to elicit and focus on the problems existing in the current civil detention system.The arrest is not in line with the modern litigation concept.It is mainly manifested in the concept of absolute judgment and the strong litigation mode of litigation against the disciplinary power of the parties.The third part elaborates the extraterritorial civil detention system and the enlightenment to perfect the civil detention system in China.From the perspective of comparative law,we examine the systems of countries and regions with similar detention systems in China,mainly through the analysis of similar laws outside the domain,from the object of application of the detention system,the type of judgment documents used,the relief mechanism,and the pre-procedures for the application of detention.The system hopes to gain reference or reference for improving China's civil detention system.The fourth part elaborates the suggestions for perfecting China's civil detention system.Through the analysis of the previous parts,it is necessary to discuss how to improve the detention system and resolve the flaws in the detention system.It can regulate the operation procedure of the detention system and restrict the application of the arrest to the witness appraisers.This solves the obligation to testify in violation of the court.The lack of witness sanctions can solve the rare situation of witnesses appearing in court to some extent.We will start with the relief mechanism of the civil detention system and make the civil detention system play its due value.