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近几十年来,世界经济和社会的迅猛发展导致了“诉讼爆炸”的现象,如何应对诉讼案件在类型与数量上的日益增长成为了世界性的课题。主要西方国家纷纷进行了以强化法官职权、加重当事人促进诉讼的义务、简化诉讼程序、发展替代性纠纷解决方式等为主要内容的民事司法改革。在这样的背景下,简易程序在各国广泛受到重视,获得了很大的发展。我国面临着同样的形势。尤其是近几年来,全国各级人民法院审结的各类民事案件数量连年递增。但是,目前我国民事简易程序的发展情况却绝不容乐观。不仅立法很不完善,司法实践更是相当混乱,理论研究方面也有待深入。本文试图对于我国民事简易程序改革中的若干问题谈一些认识和意见。
In recent decades, the rapid development of the world economy and society has led to the phenomenon of “litigation explosion.” How to deal with the increasing number and types of litigation cases has become a worldwide issue. Major western countries have carried out civil justice reform with the main content of strengthening the authority of judges, aggravating the parties’ obligation to promote litigation, simplifying litigation procedures and developing alternative dispute resolution methods. In this context, the summary procedure has been widely valued in various countries and has been greatly developed. My country is facing the same situation. Especially in recent years, the number of various types of civil cases concluded by people’s courts at all levels in China has been increasing year by year. However, at present, the development of civil summary procedures in our country is by no means optimistic. Not only the legislation is not perfect, the judicial practice is rather chaotic, and the theoretical research needs further study. This article tries to talk about some problems in the reform of civil summary procedure in our country.