浅谈民事诉讼简易程序的现存问题与完善.docx

浅谈民事诉讼简易程序的现存问题与完善

肖裕铭

广州大学松田学院，16法学4班

[摘要]民事诉讼简易程序是种独立于一审的诉讼程序，其的优点在于针对事实清楚，权利义务关系明确之时，能够更加便捷高效地启动诉讼程序，而在逐日变化进步的社会，民事案件具有不可替代的重要位置。而设置简易程序，也可以消除诉讼的拖延，更加节约司法资源，更助于让当事人的合法权益得到更快速的保障，因此它的价值体现在实际运用之中更加讨人喜好。简易程序之方便是相较于其他诉讼程序的启动，才使得它看似更加多的优点，但是民事诉讼的大众化的体现，日渐变得频繁，节约诉讼资源更是越来越重中之重，但是出现了节约诉讼资源和提高诉讼效率，并非想理想之中，或许在相较于2015年之前，它便得更加便利，但是在目前的司法实践，仅仅是相较之前，稍微进步，但是实际上在现实操作之中依旧会存在着不完善，也亟需在立法构想与司法实务工作中再加以进步改良，此类并非美中不足，而是属于社会发展的需要而必须。

[关键字]民事诉讼；简易程序；实践操作；问题与制度的完善

目录

A．研究意义································································1

一、民事诉讼简易程序的意义及其区别·······································1

二、对于现今民事诉讼程序的存在的问题·····································2

（一）启动的繁杂性·······················································2

（二）法院程序的消极性···················································2

（三）法院操作的过度人工化···············································3

三、解决简易程序出现问题的完善措施·······································4

（一）针对问题一:简易程序出现的门槛性····································4

（1）首先在英美法系······················································4

（2）其次还有大陆法系····················································4

(二)针对问题二：针对简易程序出现的无用性·································5

方法一····································································5

1.激励方式·······························································5

2.引进人才································································5

方法二：1.完善简易程序规章制度············································5

2.明确简易程序适用范围····················································5

3.简易程序过程的管理······················································5

（三）针对问题三：简易程序出现的技术滞后性··································6

方法一：···································································6

1.基础操作设施····························································6

2.硬件齐全·······························································6

3.取消人工································································6

方法二····································································6

1.启动互联网模式···························