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On The Construction Of My Country's Civil Expedited Procedure

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J SuFull Text:PDF
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In the past 40 years of reform and opening up,due to the development of economic and social undertakings,the enhancement of people's rights awareness and the change of interest pattern brought by the system transformation,the number of civil litigation cases in China has increased sharply,but the number of judges has not increased correspondingly.In order to overcome the common contradiction of many cases and few people,resolve the disputes to the maximum extent,and further expand the judicial function,courts around the country have launched civil quick adjudication pilot work.The practice effect of civil quick adjudication in China is good,and the legislature also holds a positive attitude towards the results of the pilot work,but the pilot work of civil quick adjudication has accumulated a lot of practical experience,but also exposed a lot of shortcomings.This system,which is still in the exploratory stage,is facing the problem of how to rise to the will of the state and integrate into the legal system.Due to the lack of clear legal status of civil quick adjudication procedure,courts all over the country have different understandings and practices of civil quick adjudication procedure.Therefore,it is necessary to study the practical dilemma of this system.On the one hand,it summarizes the existing achievements and practical experience,on the other hand,it provides suggestions for the legislative work and the establishment of relevant systems.At this stage,due to the reasons of too general norms and weak theoretical basis,the discussion on the procedure of civil quick adjudication presents a different situation.The practical significance of this paper lies in making suggestions for the construction of civil quick adjudication procedure,especially for the practical difficulties of this system,and will put forward specific solutions.The thesis consists of four chapters:The first chapter mainly studies the legal concept and nature of the civil proceedings,and compares the civil proceedings with the relevant procedures.By combing the relationship between the quick adjudication procedure and the summary procedure,this paper further expounds the necessity of building an independent civil quick adjudication procedure which is parallel to the small amount procedure under the summary procedure.It mainly introduces the "difference" between the civil quick adjudication procedure and the small amount procedure,and compares the significance and practical value of the quick adjudication procedure.The second chapter introduces the judicial exploration of the Supreme People's Court on the separation of complexity and simplicity and the judicial practice of the courts all over the country on the civil quick adjudication,affirms the practical effect of China's civil quick adjudication,points out that there are such problems as the imbalance between efficiency and fair value,the lack of independent status and the lack of standardized operation in China's civil quick adjudication,so as to achieve the purpose of critical understanding of this system.The third chapter studies the special regulations of the United States,Germany and France in order to speed up the litigation process,learn from the advantages of other countries,and summarize what can be used for reference in the process of the construction of China's civil proceedings.For example,in the United States,the legislative model of the combination of decentralization and centralization,Germany's restrictions on the appeal conditions of the civil arbitration,and France's specialization of the arbitration.In the fourth chapter,we will carry out countermeasure research,put forward solutions to the problems in the judicial practice of the civil quick adjudication mentioned above,design the system structure and content of the civil quick adjudication procedure,and improve the relevant supporting measures.For example,the civil quick adjudication procedure should only be applied to the grass-roots courts,and uniform quick adjudication organizations should be set up to provide strong organizational guarantee for the efficient and professional handling of civil and commercial cases.
Keywords/Search Tags:The civil quick judging procedure, Litigation efficiency, Complicated and simple case
PDF Full Text Request
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