Discussion On The Summary Judgment

With the rapid development of market economy in our country, a large number of civil disputes as tidal gush to the court, especially the simple and the facts of no dispute cases accounts for larger proportion, if these cases through the trial, inevitable increases burden of the court , so the reform of current civil lawsuit system is appropriate in will do. Civil justice system constructed by the current civil procedural law formulated in1982,revised in 2007 already can not adapt to solve civil disputes facilitation, and high-effectiveness trend, which are against the people's pursuit of justice and efficiency in the new situation. After people's court third five-year reform summary (2009-2013)in 2009, about reducing lawsuit tired parties, easing the pressure of the court ,speeding up of the efficiency of lawsuit and ensuring the fair verdict will be theoretical unavoidable point of research. According to the question of whether simple or complex case will be solved from the trial in the current situation, which is not considered litigation justice and litigation economy, caused the judicial waste of resources. the papers and works of simplifying procedure emerge endlessly, which put forward the constructive opinions. but they are no operable to solve the case in practice, and can't solve dilemma of the "litigation of explosion". So to solve the question of low lawsuit efficiency, the more status quo and the less case, reforming the civil procedure law is necessary , and introducing mature summary judgment system in countries of Anglo-American law system.Summary judgment also called easy judgment, is a common system of civil procedure in the countries of Anglo-American law system, as a system of summary judgment, it can make out a judgment directly in the pre-trial preparing procedure. It means the litigant can have a judgment without the hearing by the court, and means the judge can make a judgment without hearing. Summary judgment speeds up the litigation efficiency, saves the time of litigant and judicial resources, makes civil procedure simple. That reflects the summary judgment function :first, it have function of filtering the case before the court ; second, it have function of prompting evidence reinforce ;third, it have function of simplified procedure; fourth, it have function of banning right of abuse. If introducing summary judgment to our country, that will solve effectively procedural defects in supervisory proceeding and simple procedure and solve part of the case of no disputes in pre-trial procedure, thus saving judicial resources and relieving the pressure of the court.This article attempts from basic theory about the connotation of and different between summary judgment and other concepts, analyses the existing legal basis deeply, and detailed introduce development courses and the current legislative regulations of summary judgment in countries in Anglo-American law system.on this basis, According to defects in law legislation of supervisory proceeding and simple procedure in the our country , introduce necessity of summary judgment, then analysis of our country's current evidence exchange system and request of judicial reform, introduce the feasibility of summary judgment. At last, puts forward the part constructing suggestion of summary judgment.