In Civil Litigation Summary Procedure of the Reform and Improve
|Keywords||Summary Further simplifying Reform|
Summary is specialized procedures of the court relatively simple civil cases, it is not only inevitable civil action development to a certain stage, since the 1960s, Western countries and even in civil litigation reform of the whole world in the development of a more rapid procedure system. Of Civil Procedure summary, since the enactment of certain provisions concerning the application of the summary trial of civil cases from the Supreme People's Court formulated, has been widely used in trial practice. In civil cases tried through summary procedure, the procedure is simple, low-cost features, in response to the current litigation \However, due to inherent defects in the legislation and the social reality of the Civil Summary Procedure and the general public the legal concept of constraints, the summary of the existing civil and not well to achieve its true legislative intent. And also there are many problems in the judicial practice. Therefore, it is necessary to carry out the reform of civil procedure, which is an inevitable process of modernization of the rule of law, but also the judicial resources to play a more effective and better adapt to the masses increasing judicial demand as well as the inevitable requirement of the diverse interests and needs of modern society. Summary of the civil reform has become the consensus of the theoretical and practical circles, the goal is to achieve a summary value of low-cost, high-efficiency, the face of the summary of the reform, we can not walk developed countries first complex simple road , and the program should be \This is not only to achieve fairness and efficiency requirements, more fit proceedings reform trend with the world an inevitable option. It is also based on this concept, the paper summary simplify reform perspective, selected 50 cases of grassroots courts apply the simplified procedure 50 appeals and the People's Court tried through summary procedure for the survey - trial and commercial cases the trial as the starting point of the empirical analysis, civil summary procedure applicable for civil legislation summary defects, the status quo, to proposed civil summary simplify the reality of the necessity of reform and theoretical legitimacy, and this is an opportunity to re-simplified summary of the new adversary mode civil reform path: ie: concept to establish and then simplify the concept; ideas as the core of a new adversary; reasonable definition summary Systematic Reconstruction Scope, the introduction of the Small Claims Procedure and quick judicial procedure summary to further simplify the transformation.