英文摘要 |
The Civil Procedure Law (Revised Draft) modifies the conditions for the application of summary proceedings and adds the special norms of small claims proceedings, but it still follows the idea that simple civil cases are the application objects of summary procedure and small claims court in the configuration of first-instance procedure in the current Civil Procedure Law. ''Simple summary trial of civil cases'' not only violates the basic principle of the stratification of the procedure of first instance of civil litigation, but also does not accord with the basic law of the operation of civil litigation. Based on the intrinsic nature of the entity's rights and interests that need to be protected by adjudication and the external nature of the party's identification and court judgment, the scientific allocation of the procedure of first instance should take the subject matter of action as the logical starting point. |