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Research On Problems And Countermeasures In The Application Of Civil-speed Cutting Procedure

Posted on:2021-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
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In recent years,civil cases rising year by year,resulting in extremely scarce judicial resources,local court "less than the case of" widespread phenomenon.The court what measures to take,both to maximize efficiency and protect the values of justice,for exploring the direction of judicial reform over the years.Civil fast trial program for its simple,flexible,fast and efficient advantages,to enter the field of civil trial,the court proceedings not only ease the pressure,but also reduce the cost of litigation parties.From the history of the civil-speed cutting system construction program seen,the program has experienced ten years of exploration,fast trial program gradually formed a certain system of norms.But China's current judicial interpretation of Civil Procedure and does not incorporate the fast trial procedures,the lack of legislation,resulting in the exposure of many problems in practice.The article begins cutting through literature research,comparative research on the concept of civil procedure of speed,discuss features,system construction and its relationship with the associated procedures to determine the value of the independent existence of the program.Then the article uses literature research,comparative research and empirical research method of combining the three ways to select a program to develop the rule-speed CD local court five and four practice of grassroots courts as a reference sample,explore Civil rate cut review of the application program.Finally,problems found in practical application perspective of exploration initiatives to improve the program.By systematic research to improve civil-speed cutting program were asked the following initiatives: first,should determine the legal status of independent civil quick judicial process to develop uniform application of the rules.Second,when enabled,the program shall respect the will of the parties to protect the right to choose the party's program.Third,the case served regard,to take the same time to trial separation,but also need to introduce lots of electronic delivery.Fourth,the mediation process as a previous cutting program,should further regulate its content.Fifth,should add civil-speed cutting program and other programs of the conversion rules,to fill the legislative gaps.Sixth,improve civil-speed cutting system supporting the program,focusing on promoting the wisdom of building courts.
Keywords/Search Tags:fast trial procedure, summary procedure, litigation efficiency
PDF Full Text Request
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