谫论民事简易程序的适用

以提高诉讼效益,节约司法资源为制度价值取向的简易程序,在司法实践中的适用不尽如人意,其最终价值在司法实践中并未得到普遍有效的回应.这与简易程序的适用范围狭窄有着联系.要充分发挥简易程序的价值,在设置简易程序时应兼顾程序的简易化与正当化,在界定简易程序的适用范围时,应明确具体的标准.同时尊重当事人程序主体地位和程序选择权.

On the Application of Our Civil Summary Procedure

Our civil summary procedure values the benefit of lawsuit as well as saving judicial resources, while whose application in judicial practice is not satisfactory, and whose final value has not got generally responses in the judicial practice. Its narrow applicable range can just account for this. In order to give full play of the summary procedure, we are supposed to make the procedure simple and proper, and give definite standard in terms of firming its applicable scope. Meanwhile, the parties' procedural statute of subject and option should also be respected.