迳行裁决的扩张理解与适用范围

我国现行民事诉讼法赖以生成的诉讼机制如今发生了根本性变化,故二审一元化诉讼缺陷随之彰显,由此导致审判方式多元化需求与程序“供给”不足之间的矛盾油然而生,为此迫使我们不得不对迳行裁决扩张适用进行法律探究,使之上升到效率价值层面上予之思考,并通过普通程序简易化改进,初步达到准简易程度,最终实现具有独立意义的简易程序,进而确立我国上诉审二元化诉讼制度。

Understanding and Application about the Immediate Adjudication--Establishment of the Simple Civil Appeal Procedure

Nowadays there is a fundamental change on the legal system, which based on the Civil Procedure Law of our country.It made the shortages of the centralization in the appeal procedure more obvious and caused the conflict between the demands of the diversification of the legal svstem and the scarcity of the procedure resources. This situation forced us to make more active legal researches on expanded application of the immediate adjudication, thinking more deeply on the level of the value of judicial sufficiency and trying to improve to be more simple by the facilitation of the whole civil procedure. Then finally and primarily it made up an independence and simple procedure and establish the dualistic judicial system of the appeal procedure.