The Summary Judgment In Britain And The United States And It's Enlightenment To China

Summary judgment,called summary procedure also,is applied commonly in the countries of common law system.Summary judgment can make out a substantive judgment without hearing.It can solve the cases that have no genuine dispute rapidly.What's more,it can save the party's time and expense,which is favorable to the high-efficient operation of national judicial resources.However,China doesn't have this system,and it has little study in the academic and judicial circle.In view of the fact that more cases with less stuffs,constructing summary judgment system in China have great meaning both in theory and reality.During the process of reforming civil procedure,the importance of the summary procedure gradually highlights.Because there are many cases that have no genuine disputes in our civil cases,such as the private lending disputes as well as damage cases.Although the rights and obligations is clearly in these cases,the supervision procedure can not filter them in pretrial procedure for its restrictions.While,the summary judgment system offers us a new perspective and meet the requirement of establishing multiple dispute resolution mechanism.This paper is divided into five parts,and the author will expound it from the following five aspects,"the basic theory of summary judgment," "summary judgment in Britain and the United States," "the theory analysis on summary judgment," "the realistic analysis on summary judgment," and "the construction of summary judgment in China."The first part describe the concept,functions and the value of summary judgment.The second part is the analysis of summary judgment in Britain and the United States.In this part the author mainly introduce its generation,development and its law statutes.The third part discuss the theory significance in three points,which are the principle of equity and efficiency,the principle of respecting the right to choose the civil procedure and the principle of reasonable costs.The forth part analyze its reality meaning.The summary judgment system is compatible with China's supervision procedure,what's more it will have a great impact on relieving the litigation stress.The five part put forward the consideration of establishing summary judgment in China,both in the design of structure and procedure.