民事简易程序之诉讼法理与制度设计

The Principle of Law and the Design of Institution of Civil Summary Procedure

民事简易程序作为快速、经济地解决民事纠纷的诉讼程序,在许多国家得到了广泛的适用。民事简易程序并不仅仅是法院为提高办案速度的权宜之计,还是诉讼法理之必然要求。而且,在对其进行具体的制度设计时,必须遵循诉讼法理并综合考虑多方面的因素。

The civil summary procedure as a contentions procedure of tackling civil case quickly and economically has been used by many countries in the world. The civil summary procedure is not only the measure of boosting the speed of tackling the civil case, but also the inevitable request of the principle of law. Moreover, we must adhere to principle of litigation and cogitate several factors when we design the civil summary procedure.