Practical Exploration And Legislative Perfection Of Civil Procedural Procedure

The civil procedural procedure is a hot topic in the field of judicial reform and judicial practice in recent years.Under the approval and advocacy of the Supreme People's Court,local courts have explored trials of civil procedural procedures in the handling of civil cases,speeding up the litigation process and alleviating The contradictions,the simple mass litigation,and the alleviation of the masses 'complaints have all played a positive role.In sharp contrast,the research on civil speed ruling procedures in theoretical research and legislative fields is somewhat deserted,reflecting a highly unbalanced asymmetry.Based on this,the author makes a comprehensive investigation and analysis on the theoretical research and judicial practice of civil speed procedural procedures in China,and makes a comparative study on the legislative provisions of the civil procedural procedures in extraterritorial countries.On this basis,the author puts forward the construction.And improve the legislative proposals for civil speed procedural procedures.This article is divided into five parts.The first part is the introduction,which briefly expounds the background of the topic,the research status and the research methods adopted in this paper.The second part is an overview of the concept of civil speed procedural procedures.It briefly summarizes the relationship between the origin and development of civil procedural procedures and other procedures,and proposes the legal basis of civil procedural procedures.The optimal referee benefit theory,the most economic litigation cost and the most expeditious litigation justice are composed of four aspects.The third part makes an empirical analysis of the current situation of China's civil judicial practice.Through the horizontal comparison of several representative local courts,it explains the system design,scope of application and trial organization of civil speed procedural procedures in judicial practice.The procedural requirements and operational effects,etc.,clarify its advantages;and analyze the difficulties and causesof its operation one by one,besides,draw four problems that restrict the development of China's civil procedural procedures,namely,the legal status,the vague scope of application.,The congenital deficiency in programming and the lack of success in the supporting system.The fourth part analyzes the legislation and practice of civil fast-track procedures in some foreign countries,and selects countries with more developed laws such as Germany,Britain and the United States,compares their legislative styles and main contents about civil speed ruling.Take its essence and draw it for reference.The fifth part is based on the discussion of the previous four parts,and proposes legislative proposals to improve the civil speed cutting procedure:first,to establish the independent legal status of the civil contingency procedure;second,to clarify the scope of application and the starting method of the civil contingency procedure;third,to stipulate the trial procedure and the time limit for the civil speed ruling procedure;the fourth is to improve the litigation fee collection,procedure conversion,rights relief and other supporting mechanisms for civil speed ruling cases.