民事简易程序的公正与效益-法律专业毕业论文.docxVIP

AbstractWith Abstract With the further development of the market economy in China and people’s growing awareness in their rights，there has been a drastic increase in the number of lawsuits in recent years．On the other hand，there is a serious inadequacy in judicial resources．Against this background，civil summary procedure，for its hiigh efficiency, is widely applied as a way out．Whilst civil summary procedure is been widely applied，there has been comparatively little theoretical research done on it．The lag in the theoretical research has actually posed an obstacle to the full play of civil summary procedure and in some cases makes it difficult to function properly．In short， at present，there is a lack of thorough understanding of the hi曲efficiency and the great convenience of civil summary procedure．What is also lacking is a perfect understanding of its justice．Based on the theoretical analysis of civil summary procedure，the dissertation adopts an economic approach in analyzing the efficiency of civil summery procedure，pointing out that civil summary procedure，compared with ordinary civil procedure possesses some marked advantages in the light of the high efficiency it yields．At the salne time，civil summary procedure also possesses the basic requirements for justice，that is，its hi曲efficiency does not have to be gained at the COSt of the basic elements required for a just procedure．In the civil summary procedure such basic elements required for a just procedure as openness of the procedure，equality of the two involved parties，impartiality of the judge are still kept．In addition，its characteristics in justice do take on some specific features of its own．That is，civil summary procedure can promote the overall justice in a society because of its hJ}gh efficiency in settling disputes．The dissertation proceeds to dwell on the relationship between justice and efficiency in civil summary procedure．It is possible to integrate them in civil summary procedure．However at the same