The Research Of Summary Judgment

As an important litigation system of filtering case in common law countries,SummaryJudgment plays an important role in easing the pressure of the court proceedings and improving theefficiency of lawsuit.As we all know,any advanced system and experience are worthy of referenceand learning,in the past years some scholars in our country has begun to study the system, and putsforward the introduction of Summary Judgment.From the research results of scholars, theSummary Judgment procedure has some background in China,because it has some regulationswhich provided the institutional infrastructure. As the transplantation of outside system, there aremany adverse factors which influence our procedure applicable in the existing legal environment.To solve the obstacles bringing in and building the summary judgment system, it is of greatconcern in the practical field. The thesis includes four parts:The first part of this article first introduced the Summary Judgment system. Based on theSummary Judgment content defined the stages of Summary Judgment occurs, the SummaryJudgment procedure applicable condition, the effect of Summary Judgment. For British andAmerican national judicial practice Summary Judgment procedure shall be applicable to thespecific, for the introduction of Summary Judgment in our country provides the reference in thelater.In this paper, the second part is mainly on the introduction of Summary Judgment in ourcountry which has carried on the detailed analysis of the laws. It analyzes the present stage ourcountry the necessity and feasibility of introducing the Summary Judgment system from threeaspects, that is the introduction of the theoretical basis of the Summary Judgment, institutionalbasis and legal value.In this paper, the third part expounds the preliminary idea of introducing the SummaryJudgment system in China. Summary Judgment system construction in our country, is not a wordcan be said to do. In this paper, the introduction of Summary Judgment system that must considerseveral issues are briefly described, and analyzes the Summary Judgment procedure applicableconditions and scope, and Summary Judgment procedure applicable in the judicial practice subject,time, etc. Finally, for the introduction of Summary Judgment must consider other problems.In this paper, the fourth part expounds the perfect the related system of Summary Judgment.At first it analyzed the obstacles existing in China introducing Summary Judgment, andthen put forward the improvement of the specific strategies to solve these obstacles.It seems as ifthe part is not relevant to the content,actually, it can not be ignored when it comes to theintroduction of Summary Judgment system in our country.