On The Jurisprudence Basis Of Summary Procedure And Improvement

Summary Procedure is a hotspot in the reforms of civil trial procedures.Becauseof lack of guide from legislation and theory, many deficiencies emerge from theSummary Procedure. To some extent, it is fair to say that it is the nature of civil cases,the judicial resources and the particular psychology in the public toward SummaryProcedure that determine the great significance of Summary Procedure in civiljudicial system. This is why Summary Procedure becomes a main focus during thepresent civil trial reform. Of course, there are many aspects and angles to start thisresearch but it is primarily necessary to discuss the jurisprudence basis of SummaryProcedure that concerns the spirit and basic foundation of Summary Procedure. Thispaper explores profoundly the subject of the values of justice and efficiency ofSummary Procedure, the coordination of these values and the jurisprudence basic ofmaximization of justice. Justice is the spirit and soul of legal procedure. But thejudicial resources are limited in any country. So the problem is how to maximize theprofit of the judicial system that means to resolve conflicts most efficiently, from thisrespect Summary Procedure meets the need of the value of efficiency. "the totalamount of justice——so called justice as a whole entity, is the real standard tomeasure the level of the jurisdiction of one country." The concept of "maximizationof justice as a whole entity" can give us a fresh perspective to see SummaryProcedure. Combined with my personal trial practice, this paper analyzes profoundlythe present state of Summary Procedure in our country, the clash between legislationand trail practice, lack of operability in Jurisdiction by Form Level, the disorder intransfer of procedures, the gap between Summary Procedure and evidence rule andthe difficulty of Service and presents some recommendations to reform the innerallocation of job in the court, to establish "one judge-one assistant-one secretary "structure ,to improve the ability of judge to conciliate and based on some experiencesfrom abroad and domestic to institute independent procedure with small litigationcosts charged, the mechanism of quick judgment and to add Summary Procedure tothe intermediate People's courts .Through all these designs, they will contribute toestablish a better Summary Procedure to meet the trend both internationally anddomestically.