Font Size: a A A

Summary Judgment System In Our Build

Posted on:2013-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:W F WangFull Text:PDF
GTID:2216330374963606Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Law Civil Procedure, as long as the lawsuit filed by the parties meetthe statutory conditions for prosecution, the court will be hearing to make ajudgment, to ensure the realization of the party's rights and obligations. But withthe social and economic development, more and more citizens tend to choose toprotect their interests through legal channels, and this increases the pressure ofcourt cases. Although our trial program provides summary procedures, to someextent reduce the burden of the court hearing, but in the end, through the trial,the rhetoric debate to make a judgment. Trail program did not achieve thepurpose of saving litigation resources, saving litigation costs of the parties, andefficiency of the proceedingsļ¼ˇSummary judgment is a judgment of the pre-trial procedures in commonlaw countries, which was raised as the plaintiff's litigation weapon initially,applies only to bills of exchange and promissory notes, credit and debt disputes.With the rapid development of the social-economic, summary judgment bylegislators and the general public more and more be concerned, was eventuallyincorporated into the rules of civil proceedings, the court applied the frequencyis getting higher and higher. As long as the parties did not in fact have thedispute of the case, the court before the hearing can make the judgment on theentities, which saves the litigation resources, better and more efficient protectionof the interests of the parties. The most important thing is the system does notneed to hear the program after hearing, China's trial procedures regardless ofcase complexity, we need to trial. This provides a space for thinking about ourreference and the introduction of this system.This paper introduces the historical development of the summary judgmentsystem, reveals the design philosophy of the system, through the comparativeanalysis of our summary program and the urge procedures, summary judgmentcan compensate for both of the lack, and then come to the summary judgmentsystem introduced in China necessity. In addition, China's pre-trial preparationprogram in the prosecution of the plaintiff's reply of the accused as well as theexchange of evidence and so summary judgment system operability in the application of China's. In order to better draw and transplant this system in thelast part of this article, I pose some basic ideas to build the system in ourcountry.
Keywords/Search Tags:Summary judgment, Litigation efficiency, Summary procedure, Theurge procedures, Pre-trial proceedings
PDF Full Text Request
Related items