民事速裁程序的设置原理及建构

The Establishment Principle and Construction of Immediate Judgment Procedure of Civil Matters

民事速裁程序有其独立的地位和含义,它的设置体现了裁判效益理论、司法为民的精神以及诉讼效率的理念。因此在程序建构上,民事速裁程序适用于权利义务关系明确的简易民商事案件,由基层人民法院及其派出法庭选派资深法官采取独任制进行审理。民事速裁程序体现了效率和公正的统一,应采取简便多元的送达方式和调解为主的裁判方式,其审限不宜过长并实行一审终审。

The immediate judgment procedure of civil matters has its own independent position and meaning. The establishment represents the benefit theory of judgment and the spirit to serve the people and the efficiency of lawsuit concept. As a result, in the construction of the procedure, the immediate judgment procedure of civil matters is suitable for the brief civil business cases of clear rights and responsibilities, in which the grassroots level people court sent the excellent judge to try the case. The immediate judgment procedure of civil affairs reflects the unity of efficiency and just, simple and multi-lateral sending ways and reconciling as the main ways, and no long time of trial and first instance as the final instance adopted in the trail.