Analysis On The Applying Areas Of Facility Procedure

Our country's"Code of Civil Law of People's Republic of China"has vague explanation on the concept and applying areas of facility procedure, which causes the court doesn't know when and where should use it or just to neglect it; on the other hand, influenced by the economic benefit, the abuse of the facility procedure becomes more severe. So to limit and reform its applying areas is inevitable as to meet the needs of elisor practice. But we must fully understand the concept and its legislative aim before the reform. Meanwhile, during the reforming process, we should realize that the procedure safes the legislative resources, upgrades legislative efficiency, and realize the relation between facility procedure and the common procedure. The author believes that the precondition of it is equity or it's useless. Meanwhile, the facility procedure should be secondary to the common one. Therefore we should carefully confine its applying areas. It should be influenced not only by the number of the law cases and judges, but also by all elisor personnels and so on. Enlarging or narrowing its applying areas leads to consequences. We can only make a much better use of the facility procedure by basing on the current legislative condition, bringing in advanced experience and setting up proper limitation.