An Empirical Study Of My Country's Civil Expedited Adjudication Mechanism

With the advancement of the rule of law in China,people’s awareness of law and rights have generally increased.The number of civil and commercial cases has risen and the people’s courts at all levels are overwhelmed.The saturation of judicial resources can not meet the growing demand for litigation rights protection.At the same time,the provisions of the current Civil Procedure Law on summary procedures and small claims have not met the needs of trial practice.At this point,a more rapid and efficient dispute resolution mechanism is needed.The civil speed cutting mechanism is a product that emerged in the context of the "litigation explosion".The civil quick-discovery mechanism is built on the basis of summary procedures,maximizing the efficiency of judicial trials and achieving judicial justice with as little judicial resources as possible,breaking the embarrassment of unbalanced judicial resources allocation of "multiple cases and fewer cases" and alleviating judicial trials pressure.One of the characteristics of the civil expedited arbitration mechanism is "rapid trial and rapid adjudication".This concept is covered in the current Civil Procedure Law,Evidence Provisions,Several Provisions on Summary Procedures,and the recently released Pilot Program on Reform of Simplified and Divided Civil Procedures,but in the legal regulations this mechanism is not explicitly stated.In the judicial practice,the civil expedited mechanism adheres to the principles of quick adjustment,quick trial,quick judgment,quick settlement,quick move,and quick start,which can speed up the pace of case handling,improve the efficiency of case handling,and quickly advance the case process.The civil expedited mechanism,summary procedures,and small litigation procedures are all the products of judicial practice in order to explore the complexity and divergence of cases and improve the trial efficiency.However,the specific procedural provisions of the summary procedure and the small litigation procedure did not make a substantial breakthrough,but simplified some of the requirements of the ordinary procedure,so they are still different and need to be treated differently.This article analyzes the civil expedited mechanism through empirical research methods,including normative and social empirical evidence.At present,the basis for the operation of the civil expedited mechanism is the "Outline of the Second Five-year Reform of the People’s Court" issued by the Supreme People’s Court and the expedited work rules formulated by local courts based on their own trials.Due to the lack of uniform legislative guidance,local courtsthere are differences in the rules of application in terms of scope of application,institutional setup,procedure initiation,pre-litigation mediation,trial limits,and procedure transformation.There is no uniform standard of operating standards,which has formed a situation of "self-governance" in people’s courts in various places,which can easily lead to the expanded use of discretionary power affects the stable operation of the judicial system.Therefore,it is necessary to unify the legislative standards and establish specific rules for trial operation through legislation to guide the speedy work of people’s courts in various places.In terms of social empirical analysis,although the specific models of the court’s expedited work in the country are different,the results achieved are gratifying.The combination with the mediation method has greatly improved the case closing rate and shortened the average trial period.In addition,in combination with my internship experience at the grassroots court level,I will elaborate on how the expedited mechanism works and its connection with other procedures.Through a comparison of practice and theory,it is found that civil expedited cutting under the veil of improving trial efficiency there are also some problems with the mechanism.Combining specific practical situations and drawing on the excellent experience outside the region,some perfect methods for the existing problems are proposed,so that the civil expedited mechanism can run more smoothly.