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Study On The Summary Judgment System Of American Civil Action

Posted on:2017-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2296330485952467Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Summary judgment is an important civil procedure system in the Anglo—American legal scene, which means that a judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. Recent years, the caseload has grown dramatically, the lawsuit cost has increased day by day, and the procedure delay for a long time was the common problems that all countries faced in the judicial practice. In our country, since the case-filing register system put into practice, a great quantity of cases without issue swarm into the courts. Actually those cases could be solved in another more effective and quicker method. If we let those cases into the court and open a court session, a lot of judicial resource would be waved. Moreover, the lack of judicial resource is the fact of the judicial practice in our country. If this penetrating contradiction can’t be disposed properly, it certainly would cause a serious consequence.Summary judgment is the ways that can shorten the litigation period, make the judicial procedure quicker and easier by regulate the adjudication method. Thus we can guarantee both the parties to achieve their judicial relief in the maximum limit, and deploy the judicial resource reasonable. If we can introduce the summary judgment system, it would be the connection of legal system between China and the world, and promote the internationalization of China’s legal system. Moreover, summary judgment would play an important role in improving lawsuit effectiveness, simplifying judicial procedures, and building a fair and just modern country ruled by law. However, there has a big difference of legal environment between our country and the common law countries, even the legislative stipulations are different among those countries. To avoid the summary judgment not matching the judicial environment after we introduce it, the author tries to analyze the summary judgment in many aspects by consulting a lot of foreign legislation and literature, and presents an original summary judgment. First of all, the author studies the legislation of summary judgment rule in in countries of Anglo-American law system, and analyses its’ foundation in detail. Then, the author analyses the theory of our country’s legal system, and proves that we can provide an appropriate judicial environment for summary judgment by combining with our judicial actuality.In conclusion, this article thinks that we can introduce summary judgment and learn from its function, such as filtering cases, realizing the case to diverge and optimizing the allocation of judicial resource. Consequently, it can ease the contradiction between increased cases and the insufficient judicial resources. The author sincerely hopes that some shallow opinion of this article would provide some different thinking for introducing summary judgment for our country.
Keywords/Search Tags:Summary Judgment, Affidavit, Pretrial Procedure, Litigation Efficiency, the Division between Complex and Simple
PDF Full Text Request
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