Research On Civil Quick Adjudication Procedure

Since the reform and opening up,the people’s concept of litigation has rapidly changed,and the establishment of a registration system has led to an increasing number of civil cases year by year.Judicial resources,whether human,material,or financial,are limited,and the surge in cases undoubtedly poses significant pressure on judicial authorities.Faced with the criticism of numerous cases and scarce personnel,as well as the shortage of judicial resources,the people’s expectations for rapid judicial adjudication have increased.Therefore,the judicial practice community urgently needs to take measures to quickly resolve disputes and improve credibility.To address this challenge,the government has attempted to introduce reforms in the mechanism for separating complex and simplified cases and facilitating quick arbitration through mediation.The Supreme Court is also actively guiding courts in various regions to carry out pilot civil quick arbitration work.The civil quick judgment procedure is a product of the reform of separating complex and simple cases.It is highly favored by courts for its high efficiency,convenience,and simplicity,which greatly improves the efficiency of case litigation and effectively alleviates the pressure of judicial trials.But problems still exist in the actual operation of existing civil expedited adjudication procedures,such as incomplete legal systems,ineffective identification of cases,and poor conversion between procedures.This article re-examines the civil expedited arbitration procedure from the perspective of "streamlining the reform" and proposes feasible optimization suggestions.The full text consists of four parts:The first part is the basic theory of China’s civil expedited judgment procedure.Firstly,it is the issue of defining the meaning of this article’s civil expedited judgment procedure.At the legal level in China,the concept of civil expedited judgment is not uniformly referred to,which can be roughly divided into three dimensions-procedure,mechanism,and system.Inconsistency in terms can lead to confusion in the work of "expedited judgment",while the author tends to use procedure as the suffix for the concept,which is more appropriate.Secondly,it is the differentiation and analysis of civil expedited judgment procedure and other related procedures,exploring the differences between civil expedited judgment procedure,small amount procedure,and summary procedure,as well as why expedited judgment procedure should be positioned as an independent litigation procedure.Finally,the necessity and feasibility analysis of the construction of the expedited judgment procedure after it is positioned as an independent procedure.The necessity lies in the fact that the construction of the expedited judgment procedure can help alleviate the imbalance in the ratio of individuals to cases and the redistribution of limited judicial resources.The feasibility lies in the fact that the Criminal Procedure Law has included the criminal expedited judgment procedure,and there are more sufficient and appropriate reasons for the independent establishment of the civil expedited judgment procedure,as well as existing laws and regulations that have paved the way for the construction of the expedited judgment procedure.The second part is the operational mechanism of the expedited arbitration procedure,which is re-examined from the perspective of "complex and simplified diversion reform".The division of complexity and simplicity in a case is not only about dividing the complexity and simplicity of the case itself,but also about systematically dividing the trial affairs involved in the case content.In short,the division of complexity and simplicity in cases is actually the division of labor in judicial affairs,allowing for the full utilization of judicial resources for the trial of cases.The second chapter briefly elaborates on the basic content of the separation of complexity and simplicity in civil quick judgment procedures and proposes several ideas for the reform of separation of complexity and simplicity.The first aspect is to establish a pre litigation diversion of complexity and simplicity,which is a prerequisite for the efficiency of civil expedited adjudication procedures.Specifically,before applying expedited adjudication procedures to cases,by formulating diversion standards,standardize start-up procedures,focus on improving business guarantee,and correct procedural problems,etc.,the use of pre litigation diversion methods to optimize the application prerequisites of civil expedited adjudication procedures;The second aspect is speed up the civil fast-track trial procedure so as to distinguish the degree of simplicity in litigation.The third part is the actual operation status and achievements of China’s civil expedited arbitration procedure,and extracts the problems that arise during the operation process.Mainly in the form of tables,different measures taken by courts in different regions regarding the scope of application,trial subjects,trial procedures,judgment documents,and procedure conversion are presented.The practical constraints of civil expedited adjudication procedures lie in the unclear scope of their application,the lack of procedural choice rights for the parties,or the lack of protection of procedural choice rights,the lack of smooth conversion with other procedures,and the inadequate supporting mechanisms.The fourth part is to establish a civil expedited judgment procedure.Nowadays,the development of civil expedited adjudication procedure,combined with the specific content of the system construction,the paper constructs the macro perspective from the three perspectives of legislation,judicature and supporting,to provide safeguard measures for the optimization and development of civil expedited trial procedure.