Constructionon The Civil Expedited Procedure Of China

The civil expedited procedure is a very important litigation procedure.It is a more simple and feasible litigation procedure explored by courts in various regions of China in order to solve the problem of excessive backlog of cases faced by the court system in judicial practice and also to achieve the goal of justice for the people in time.According to the research on the civil expedited procedure,some representative countries outside the country,such as the UK,the US,France,Germany and Japan,have carried out beneficial practical explorations in combination with their own realities while conducting theoretical explorations,and have achieved remarkable results.Although China has explored this procedure for a long time,it has not yet risen to the legislative level,which has led to many inconsistencies in relevant issues in judicial practice due to the lack of unified legislative guidance.Based on this,it is necessary to put forward specific program construction ideas on the basis of discussing the program.To construct the civil expedited procedure,it is necessary to clarify the meaning of the procedure first.The so-called civil expedited procedure means that the court based on the purpose of improving the efficiency of litigation,divides the civil cases into classifications on the basis of the classification of the complicated and simple cases,and then divides the specific types of cases into simple cases as the scope of accepting cases,and make the litigation procedure further simplified on the basis of fully respecting the parties’ procedural options,and adopt element-based trial method to implement quick trial and quick conclusion for cases within the scope of accepting cases.Although the civil expedited procedure is based on the existing summary procedure and is further simplified on this basis,so that there are some similarities between the two in some respects,it is not limited to the rules of summary procedure in the process of simplification,but a breakthrough in the rules of summary procedure.In other words,the civil expedited procedure is an independent litigation procedure that is different from the summary procedure and the small claims procedure in terms of legal orientation.As an independent litigation procedure,civil expedited procedure ’ scope of accepting cases is limited to simple contract cases and simple property infringement cases.Both the court and the parties can be the subjects to start the civil expedited procedure,but there are differences in the way of starting the procedure.According to the statement,the court does not need to perform the corresponding formalities when starts the civil expedited procedure according to its authority,while the parties need to sign or stamp his fingerprint on the formatted "Notifications for Attentions for the Civil Expedited Procedure" when applying for starting the civil expedited procedure.Not all courts and trial levels can apply the civil expedited procedure to hear cases,and only the basic people’s court can apply the civil expedited procedure in the first instance.The basic people’s courts need to use a special judicial institution named an independent expedited court when apply the civil expedited procedure to hear cases.The expediting judge can hear the case in writing with the consent of the parties during the trial,and can also hear the case in the form of factor trial,and can produce factor judgment documents after the trial.In addition,judges may not make judgment documents under certain circumstances.In order to improve the efficiency of litigation,the parties cannot file counterclaims in the process of civil expedited proceedings.In addition,the remedy of the civil expedited procedure is appeals,which appropriately limits the parties ’appeals.As a dispute resolution procedure,the civil expedited procedure should be connected not only with other litigation procedures,but also with the method of dispute resolution outside of litigation.