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Construction Of China's Summary Judgment System Thinking

Posted on:2006-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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With the development of socialist market economy of out country, the improvement of judicial ideology of the people, the increase of civil cases accepted and heard by every court year by year. The civil judicial system constructed by the Civil Procedural Law formulated in 1982, amended in 1991, has not been in accordance with civil trial by justice and efficiency at present. After the five-year revolutional outline of the people's court is completed, the books and articles on judicial system have come into being gradually. Lightening the burden of the parties and the court, simplifying the judicial procedure, accelerating the judicial rhythm have become the focal point of research in judicial world and theorelial (theoretical) world. At present, with the great increase of civil cases, in order to improve the trial efficiency_actually, lightening the burden of the courts of all-level, it is necessary to reform slightly, that is, the summary judgement.Summary judgement also called simple and easy judgement ,is a commonly-used system by Anglo-American Law Family countries in civil procedure. In common sense, it is referred to the system of solving disputes directly without hearing the cases by the court or jury. It is a kind of simple and easy procedures of hearing civil cases. In other words, the court can make a substantive judgement without the testinonial debates. The summary judgement was invented as the procedural arms of the plaintiff especially in the procedure of cheques and cashier's cheques. The rule can be traced to the Draft Law of 1844. This kind of procedure can make the civil cases without substantive disputes or real arguments solved quickly. It not only spares the time and costs of the parties, but also makes the judicial resources of the country work effectives. Therefore, under the circumstance of the increase of civil cases rapidly, the system with the function of filtering is widely used in Anglo-American Law Family countries, etc. Seen from the important characteristic of avoiding hearing procedure of summary judgement, it is not only different from the simple and easy procedure of narrow sense that simplifies some links, but also different from the traditional civil simple and easy procedure. Naturally, summary judge should be thesimple and easy procedure of wide sense. It is a kind of specific simple and easy procedure . Summary judgement is regarded as a kind of simple and easy procedures in Anglo-American Law Family countries. Also, seen from the procedural stage undergone by summary judgement, it belongs to the pre-trial determination.Summary judgement contains these sense of value, that is, procedural costs adapting to procedural profits; promoting judicial justice; protecting the right of selecting procedure of the parties; protecting the obligatory rights and the trading order based on honesty and credit .If summary judgement can be introduced into the future legislation of civil procedure of our country, it will be effective to make up the present deficits existed in simple and easy procedure and supervising procedure thereby, to make full use of judicial resources.This article tries to expound the necessity and feasibility of introducing summary judgement into our country, and make some suggestions on constructing summary judgement system of our country under the circumstance of analyzing the system of summary judgement. It will be my best wish of writing this article, if summary judgement can be looked upon by judicial world and theoretical world.
Keywords/Search Tags:Summary judgement, Simple and easy procedure, Civil procedure, Procedural efficiency
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