The Study Of The System Of Civil Summary Judgment

Since the system of file registration was put forward on the Fourth Plenary Session of the Eighteenth CPC Central Committee,the civil cases accepted by various courts have been increasingly like a blowout,which brought tremendous pressure upon the judicial work of the people's courts.Both the theoretical circle and practical circle have been concerned about how to solve civil disputes timely,quickly and conveniently,and how to relieve the contradiction between the shortage of the personnel handling the case and the heavy caseload,and how to explore a new mode of litigation that is suitable to the current social situation.The system of civil summary judgment is an important system of the countries of the Anglo-American legal family.It permits the judges to make substantive decision for civil cases without complicated trial process.The system of civil summary judgment has the functions as follows,filtering the uncontested cases,realizing the distribution of cases,simplifying the procedure of litigation,quicken the process of litigation,promoting the party to supplement evidence for litigation,and solving disputes timely.The establishment of the system of civil summary judgment of our country conforms to the trend of judicial reform,further improves the legal system of civil litigation of our country,reasonably allocates judicial resources,promotes the judicial organs to bringtheir function of trial into full play,meets the judicial demand of the masses in a new era,and realizes the maximization of litigation efficiency.To set up the system of civil summary judgment of our country,we should learn from relevant provisions of the countries of Anglo-American legal family,combine with the background of judicial reform and practical experience of our country,clarify its basis of jurisprudence,and reasonably design all links of the system so as to make it link up with the existing procedures of civil litigation and bring its systematic functions into full play.