On The Construction Of China’s Commercial Litigation Procedure System

Commercial disputes are different from the general civil disputes not only in the main content,but also in setting dispute resolution process and targeted system.Commercial disputes are so special that they should be set up commercial litigation procedure according to their characteristics.The history of the commercial activities of the Western countries are developed,the Commercial Court and commercial proceedings historic history,China pursued the Restraining traditional,commercial litigation and commercial litigation procedures relative shrinking.With the development of China’s market economy,the increase of commercial disputes,the unified civil proceedings reduce the efficiency of the settlement of commercial disputes,no longer able to meet the needs of the settlement of commercial disputes.Thus,proceeding from the actual situation of the Chinese society,the establishment of commercial litigation procedure system in line with China’s national conditions,has become an objective need.French Commercial Courts and commercial litigations,businessmen judge system,as well as a fast,efficient,flexible feature unique in the world system of commercial litigation.This article based on our large dominate the "civil-type litigation" program system conduct research,analysis of,explore the our set Shoji litigation procedures system’s many problems,and proposed a draw France Shoji proceedings reasonable factors of the basis,specific ideas build China’s commercial litigation procedures system.This article is three thousands words of and divided into five parts,in addition to the introduction and conclusion.The first part describes the content of commercial litigation,defining the meaning of the Commercial Litigation procedures.On this basis,pointed out that the special nature of commercial litigation,and compare different program of civil procedure and commercial litigation.The commercial disputes particularity decided to select the value of the commercial litigation procedures,program content is different from the civil action.The second part describes the history of the western commercial litigation procedures.this part discusses the rise of commercial court and the model of the western commercial litigation procedures.A reflection of the lack of commercial litigation program in the history of our country as well as the current unified civil-type proceedings drawbacks,further argues that the necessity of proceeding from France commercial litigation procedures.The third part discusses the content of the French commercial litigation procedures.The French commercial litigation procedures are divided into common procedures and rapid trial procedures.The former includes the prosecution,pre-trial preparation,debate and judgments procedures,which include emergency hearing ruled that the order of payment procedures as well as to the determination of the application program.The fourth part analyzes the France commercial litigation procedures.Proceedings of the French special legislative model evaluation,point out the pros and cons of this mode of legislation.This part focuses on the characteristics of the French commercial litigation procedures fast,efficient,businessman autonomy.The fifth part of the main legislative model demonstration program of commercial litigation,as well as specific content.Explore the pros and cons of the legislative models commercial litigation,to demonstrate independence Shoji proceedings scientific.And in learn French Shoji proceedings on the basis of proposed specific set of thinking in our commercial litigation procedures system.