| The separation of simple cases from complicated cases and of summary procedures from complicated procedures is aimed at mitigating, through rational norms, the acute conflict between judicial resources and judicial needs、as give different levels of procedural guarantee to different types of cases and make it possible to uphold justice in the ordinary civil procedure. The theoretical basis and value orientation of various types of "summary procedure”can not be defined merely as the "balancing between justice and efficiency". Nor can "efficiency" be calculated according to standards such as the
time limit of trial or the rate of settled cases;the "sacrifice" to certain extent of judicial fairness by the summary procedure is by no means imposed upon the parties, unilateral, irrational or without compensation. On the co ntrary, in a society with pluralistic values, rational design and appropriate use of summany procedure can uphold justice by meeting different needs of parties. |
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