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民事案件速裁程序是我国在近年来的民事司法改革过程中为缓解人少案多的矛盾所推出的一项重要改革措施。自各地法院实践以来,我国速裁程序无论是在制度设计上还是在具体流程中都发挥着自己独有的优势,诉讼进程的加快不仅能够有效地缓解法院办案压力,也对彻底解决民事纠纷有重要作用。然而,我国在注意到速裁程序有诸多优势的同时也发现,该项制度存在着立法的缺失、诉讼程序的不当简化以及审理期限的过度缩短等问题,这些问题的出现不仅使我国速裁程序的推行缺乏正当性依据,而且运行过程有悖离基本程序法理之嫌。本文认为,欲完善我国的民事速裁程序,就必须在司法理念上树立分配正义的诉讼观,在程序设置上实行配套的类型化审理,在具体操作中强化法院与当事人协同推进诉讼的义务。只有这样,才能保证在诉讼进程加快的同时,不致引起其他问题。
The quick procedure in civil cases is an important reform measure introduced by our country in the process of civil justice reform in recent years to ease the contradictions among a large number of minor cases. Since the practice of courts in various places, China’s arbitration proceedings have both played their own unique advantages both in system design and in specific processes. The acceleration of litigation can not only effectively relieve court pressure on handling cases, but also completely solve the problems of civil disputes Important role. However, while noting the many advantages of the arbitration process, our country has also found that there are some problems in the system, such as the lack of legislation, the improper simplification of judicial procedures and the over-shortening of the trial period. These problems not only make our country’s arbitration proceedings quicker, The implementation of the lack of legitimacy basis, but also run the process contrary to the basic procedural law suspected. This paper argues that if we want to improve the civil arbitral proceedings in our country, we must establish the concept of justice of justice on the judicial concept and implement the typed hearing on the procedural arrangements. In the specific operation, we should strengthen the obligation of courts and parties to promote litigation synergistically. Only in this way can we ensure that the litigation process will be accelerated without causing any other problems.