On The Civil Summary Procedure

Global economy has been developed with incredible speed since the 60'S of lastcentury.Due to accelerating of transformation of property between civil subj ects with equal status,it causes to huge increase of litigation both in amounts and categories.To acconunodate to new Circumstances,governments around the world have reformed their legal system for predigesting litigation process and accelerating litigation procedure.Since the legislation of Chinese civil summary procedure is burgeoning work,lack of meory for civil summary procedure causes that such procedure cannot be appliedeffectively through the legal practice.Enhancing the academic research for civilsummary procedure is therefore subsequently important.As independent litigation process,civil summary procedure has its unique value.Thelitigation costs for the summary procedures is lower than ordinary procedure,and it is good law that different cases applied to different litigation procedures.What'S more,it will be help for distributing resource ofjurisdiction,and achieve the"unitary justice".The summary procedure is simple and convenient to sue and defence,and has simplerequirement for trial system.Chinese summary procedure is only applied to basicpeOple,S court and the tribunals dispatched by it,it is only applied to the first trial,it can be transformed into ordinary procedure,and the term of the procedure is 3 months without suspension.The summary procedure simplifies the trial process,it covers more parties'rights to deal with his litigation rights.Consequently,it pays more attention on the legal issues during trial process.In respects of covenant principle,it shall allow tparties to choose relative procedures and relative issues.To find the legal fact,judge shall fully express the litigation procedure and the parties;litigation rights.During the conciliation before the trial,the status and powers ofjudge shall be noticed.The author suggests that,whilst we reform the Civil Procedure Law,the scope ofapplication for the summary procedures shall be definitude in terms of sum of money,nature ofthe case,the parties'acceptability and etc.The parties'rights of relief shall be limited,and the parties shall be allowed to participate in the litigation in written formation.For gu~anteeing ofjustice for the summary procedure,constituting relative system,it is necessary to establish judge system including judge before litigation,single judge alone and presiding judge,to reform the system for litigation costs and establish the different charge standard for the summary procedure.