Thesis on the Reform of the Summary Civil Procedure
|School||East China University of Political Science|
|Keywords||Civil Procedure Law Summary Procedure Petty Trial|
Summary procedure is an independent procedure for the courts of first instancein the civil procedure law, co-existing with the standard procedure and is devised forthe simple civil trial procedure of grass-root courts and their depatchingtributials.Despite the fact that it has been stipulated in the civil procedure law that partof summary procedure is not subject to the procedure regulations, in the trial, thecourt still follows the footsteps of standard procedure, which undermines theadvantages and efficiency thereof. The author, on the basis of legal reality, offerssome opinion and advices with respect to the scope, application of summaryprocedure as well as the reform thereof.The thesis is composed of four chapters：Charpter one: the author writes about the concept of civil summary procedure inthe civil procedure law, which includes part one, concept, applied subjects and casescope of civil summary procedure; part two: the charasteristics of civil summaryprocedure; part three: comprehensive description of civil summary procedure in fourpespectives.Chapter two: Analysis on the reality and problems of civil summary procedures.The author uses the promulgation of new civil procedure code as the demarcationpoint and compare the appliation and problems therein before and after itspromulgation, which includes the application reality of petty trial and lead to chapterthree the reasons impede the simplification and normalization of civil summary procedure.Chapter three: based on the research and analysis of chapter two regarding theapplication and problems of summary procedure, the author opins on the reasons thesummary procedure tends to become standard procedures during its application,including legistrative and system flaws and policy direction.Chapter four: the author offers solution for the reform of summary procedurefrom the perspective of legistation and system and other measures for theimprovement thereof, which makes the summary procedure in realty simplied the civilprocedure.