Summarg Judgment

Since 1990s, the problem that the lawsuit that the countries all over the world faced has been delayed , the lawsuit cost was too high , the lawsuit exploded , in fact it is the behavior that court's work overloads, origin its lie in party exceed existing judicial authority manpower , service that material resources can offer greatly to demand that administration of justice relieve, the lawsuit amount is during the trend increasing constantly, but resources put into administration of justice have not increased in step . Our country faces this problem too, with the development of socialist market economy of our country, people's legal consciousness is improving constantly, the civil case that the regional court accepts is being increased severely year by year, made the current 《civil procedure》revised in 1991 in 1982 The civil judicial systems structured can obviously already well meet the request for the fairness and efficiency of civil justice under the new situation . 《The people's court reforms the outline in five years》 after issuing, the reform treatise about the judicial system is emerging constantly. Lighten party and people's court bring a case to court tired , simplify contentious procedure , accelerate lawsuit rhythm become practice circle and theory research focal point of circle already. For alleviate case increase sharply and try undermanned contradiction (according to the reform idea of the Supreme Judicial Court, judge number can not realize fast growth also in quite a long time), the regional courts have all carried on positive exploration. In order to improve the efficiency of handling a case, lighten the case pressure of the court, regional court establish front yard mediate room , cut out group , cut out front yard rapidly rapidly mostly, simple to examine front yard ,etc. transfer place " interim organization " of civil case fast at present, stipulated that is obviously shorter than the legal court which examines the limit and manage the limit of examining at the same time ( some courts call that and promise to examine the limit too). In the civil case increases severely year by year at present cases , should improve the case and try efficiency effectively, alleviating the pressures with overweight burden of court at all levels, I think , it is necessary to carry on the appropriate reform to the current civil action system, civil action of our country necessary to introduce and adjudicate the system promptly. Summarg Judgment, call simple and easy judgement also, it is Great Britain American and French department country that suitable to apply generally one system among civil action, it is a kind of form of the summary procedure of handling the civil case. Among civil action, need through court's trial that words argue, court can make the judgement that the entity punish to relevant cases. The procedure can is it have civil case of fact dispute (store real striving one in ) can be solved rapidly to make, namely has economized the party's time and expenses , is favorable to the high-efficient operation of national judicial resources, therefore in a situation that the civil case increases rapidly in recent years, these kind filters adjudicating the system promptly and is adopted extensively by department's countries of common law , such as Great Britain and American ,etc. of case function . This text attempts through to adjudicating this summary procedure and carrying on overall , thorough analysis promptly, from four respects (one is the function that adjudicate the system promptly; Adjudicate system have his realistic meanings promptly; Third , have consistency with our country's current civil procedure; Fourth , accord with the present law of legal procedure and reform the developing direction of the request and current civil action of countries all over the world) Is it explain our country is it adjudicate essential competent and but sex trip of system promptly to introduce to come, and put forward some views and suggestions on the construction which our country adjudic...