Research On The Summary Judgment Institution In Civil Procedure

In recent years, with the economic and social development in China and the gradualimprovement of the rule of law, people’s awareness of the law is increasing, and the civildisputes become more and more. So there is a dramatic increase in the number of civil casesresorting to the people’s courts to trail, and this has brought great pressure to the people’scourt. Therefore, people’s court have to face an important task, how to resolve the civildispute rapidly and promptly, how to ease the contradiction between a lot of cases and lack ofcourt stuffs presently. Reducing the parties and the people’s court caseloads, simplifyingprocedures, accelerating rhythm action, shortening the cycle of action, has become a focus oftheoretical and practical study. Throughout the world, many countries also face "litigationexplosion", many cases with less stuffs, litigation delay, judicial inefficiency problems. Inorder to resolve these problems, countries have made a lot of positive explorations, vigorouslycarry out judicial reform, and established the appropriate mechanism for addressing thesechallenges, such as case management system, wide range of dispute resolution mechanisms,and other procedures.Summary Judgment is a primary summary procedure of civil action in Anglo-Americanlaw countries. In civil proceedings, the court can make material judgment on the case withoutthe words debate’s trial. This program can promptly settle civil cases which have no factualdispute or have no real point controversy, it is not only saving time and costs for the parties,but also conducive to efficient operation of the national legal resources. As a result, in thecase of civil cases increased rapidly in recent years, this system with the ability to filter case iswidely used in common law countries such as Britain and the United States. Based onsummary judgment system embodies the concept of rational use of judicial resources and thepromotion of lawsuit efficiency, while there are a large number of cases which are lack ofessential bone of contention. Introduce summary judgment system in China is of greatsignificance, it can be to make up for the inadequacy of the existing proceedings forsupervising and urging the clearance of debt and summary procedure, so that the cases whichhave no factual dispute by the parties or a party has no hope to winning can be processed asquickly as possible, to implement more rational and effective allocation of the judicialresources. This article intends to discussion on the basic theory of summary judgment, the operationstatus, extraterritorial legal system and so on, in order to analyze the summary judgmentinstitution. And then make recommendations for introducing summary judgment system inChina, in order to benefit our country’s legislative and judicial.The main body if this article is divided into four parts. Part one proposed from the basictheory of summary judgment institution, elaborate its concept and character, and thencompare it with other concept such as interlocutory judgment and expedite procedure, in thehope of a better understanding about summary judgment. Part two prepare to study thesummary judgment institution in extraterritorial legal system, aim primarily at Britain and theUnited States, the content primarily involve in the historical background, basic content,current condition of the institution. Part three will discuss the theoretical and practical basis ofintroducing such a system in China, analyze the historical background and practicalsignificance of introducing summary judgment system, and make an assay of the current civilproceedings in China, expound the relationship between the summary judgment and thesummary procedure and proceedings for supervising and urging the clearance of debt inChina, in order to explore the necessity and feasibility of introducing summary judgmentsystem in China. The last part of this article, will make a preliminary conception on theestablishment of summary judgment system in China, and make recommendations on theimprovement of related systems.