论民事简易程序的规范化

On the Normalization and Regularization of the Civil Summary Procedure

民事简易程序过于简单的立法设计,不利于两便精神与诉讼经济原则。因此除坚持《民事诉讼法》基本原则外,应以公正与效率、方便诉讼与合法原则为理念对现行简易程序进行创新。规范化的简易程序应设计为:审判组织专职化;适用范围标准双重化———以诉讼标的额与案件性质为标准;开启网上远程立案新形式;增设庭前调解制度;延长审理期限;加设二审程序及独任审判制。

The summary procedure now in effect in China is too simplistic in design to guarantee its conformity with the economy and convenience principles. The procedure should be reformulated in accordance with the principles of fairness and efficiency, convenience of filing a lawsuit and justice as well as all the basic principles of Law of Civil Procedure. The summary procedure should redesigned in such a way as to meet the following criteria: the trial should be conducted by specifically designated professionals; the final judgment should made according to the amount involved in and seriousness of the case; a special procedure can be designed to facilitate the filing of a lawsuit through the internet; a system can be set up to facilitate pretrial mediation; the period within which a lawsuit can be legally filed should lengthened; a procedure of second instance and exclusive trial system should be established.