Civil Procedure Summary Comparative Study

Summary proceeding of civil procedure has been turned into sound strategy to resolve the confliction between source of judicature and requirement of judicature in western developed country because these characteristic of efficiency, lower cost and facility, in our country, the notion that through judicature relief obtain right guarantee has been deeply rooted peoples heart.along with the economic development and the enhance of law notion. Law case quantity has been increased in courthouse year after year .even someone exclaimed it is the time of lawsuit explosion. In past few years, civil procedure educational circles over emphasized the reform of conventional civil proceeding and neglected the summary proceeding and over emphasized the justice of procedure and general session. It made the confliction between the source of judicature and requirement of judicature and run in the opposite direction with the reformation of word civil procedure . in this thesis, through systematical theoretical analysis and introduce to the reformation experience of the civil summary procedure ,the writer , using comparative method, aiming at the existing problem of the procedure in force ,has put forward policy recommendations to reform and consummate the civil summary procedure in china.There are fourth sections in this thesis.The first section is about the basis theoretics of summary proceeding .in this section, chiefly talk about two questions. The first is that the conception of summary proceeding is too straitness because of the legislative localization and it restrict the investigation and development of summary proceeding. Through comparative analysis to the conception of summary proceeding ,the writer think that we must interpret the conception from broad sense .the second is that systematical expatiate the basis theoretics of summary proceeding from the visual angle of constitution and justness and efficiency.The second section is about the summarize the new characteristic of summary proceeding since the judicial interpretation that 《Several Provisions of the Supreme People's Court Concerning apply summary proceeding hear cases》 is effect and also point out three disadvantages in our countrys law.The third second is about the general presentation of summary proceeding to England Germany. Japan and China. In this section ,the writer mainly introduction the...