On Summary Proceeding

One of the aims of the present civil judicial reform in the world is to promote the litigation efficiency. Around the aim the reform measurement focuses on the simplification of the judicial proceeding, the reduction of judicial duration and cutting down the judicial cost. Against that whole background, the reform and perfection of the summary proceeding is noticed by the judicial theoretical circle and the judicial practical circle in every countries.The corresponding theoretic base should support the emergence, existence and development of any procedural system. The concrete procedural rules' construction of a certain procedural system should be instructed by the corresponding basic theory. The existence and work of the summary proceeding has four principal basic theories——the equal right to get the court's judgment, the option of civil proceeding. The requirement of balance between cautious judgment and brief and quick judgment, the requirement of procedural benefit——the expense equivalent principle. On the ground of inquiring into the basic theory of the summary proceeding, this paper analyses 4 main defects in our summary proceeding from legislation to the judicial operation the summary proceeding isn't brief; there isn't distinctive line between the summary proceeding and the general proceeding; There's not an agile converting system between the summary proceeding and the general proceeding; Then the writer analyses the essential reason why there defects come out. In the end the writer puts forward her advice on setting up the special summary chamber in the root court to trial simple cases, setting up an agile converting system between the summaryproceeding, and the general proceeding, delimiting the summary proceeding's supplying scope, simplifying the summary proceeding further and harmonizing the summary proceeding with ADR proceeding effectively.