Summary Judgment

In the practice of our country's civil judgment system,the default judgment impacts on the opppsite judgment.According to the further investigation of the cases of default judgment,we find that the defendant's pre-trial non-defense cases occupy the main position,while in the case of the defendant's pre-trial defense,some defendants have clearly admitted themselves in the defense.Regardless of the litigant's state of responding in the pretrial procedure,the judgment is made on the premise of the trial,but the state of the trial is unsatisfactory.For example,in the case that the defendant does not reply before the trial,the trial may be formalized because of the absence of the defendant,or it may become disordered and repetitive because of the sudden attack of the defendant's reply,and the whole trial exudes a sense of powerlessness.Again,when the defendant has clearly admitted the facts claimed by the plaintiff in the pleading,the trial becomes a formalized procedure for judgment.Such a state of trial does not exist in Britain,the United States and Germany,because the situation of the defendant's non-reply or clear self-admission before trial can be solved in time through the summary judgment system.The so-called summary judgment,in its broad sense,contains the default judgment under the common law tradition,that is,the substantive judgment that a judge can directly measure the legal matters in the case that the parties have not responded or have not responded substantially,or the facts of the cases such as the parties' explicit admission or acceptance have not formed substantive disputes.For the study of summary judgment system,this paper mainly adopts empirical analysis and comparative analysis.On the basis of the analysis of the current practice and value orientation of the civil judgment system in China,the summary judgment system is introduced.Through the comparative study,the connotation,procedural orientation and basic functions of the summary judgment system are clearly displayed.Then,after sorting out and responding to the queries of Chinese scholars about the system of summary judgment,in order to find a feasible space for the construction of summary judgment in our country,the author puts forward the view that in the trend of the reform of litigant doctrine in our country's litigation mode,in the process of the substantive function of pretrial procedure and the optimization of its structure,we need summary judgment to provide a starting point for litigant doctrine,and it will help to materialize the function of pretrial procedure and optimize its internal structure.Finally,before discussing how to construct a summary judgment,we need to make a systematic study of the self-admission system in the three countries of Britain,the United States and Germany.Summary judgment is not based on court trial.It is a judgment scheme to simplify the link of fact determination.The existence of self-admission,the alternative of fact determination,provides a logical basis for the justification of summary judgment.It should be pointed out that,unlike the procedural safeguards before the judgment(such as the protection of the opportunity to reply,the right to know the adverse consequences,etc.)and the procedural safeguards after the judgment(such as the right of the absent party to raise revocation or objection in the summary judgment based on the absence of the party,with the aim of correcting the error afterwards),the "intrinsic" rule underpinning the legitimacy of the summary judgment system is different.The system of self-admission has its own running track.Therefore,Self-admission is the logical source of "externality" which is the legitimacy basis of the system of summary judgment.If summary judgment is form,then self-admission should be soul.Therefore,the whole argumentation system is based on "summary judgment" as the clear line,and "self-admission" as the dark line,closely around the two main lines: the summary judgment based on implied admission and the summary judgment based on the express admission.There are more than 60,000 words in this paper.The text consists of four parts:The first part: the current situation and value orientation of civil judgment system in China.According to the investigation,in the case of default judgment impacting on on-the-spot judgment in our country,the cases that the defendant did not reply before trial occupy the main position of the cases of default judgment,and in the case of the defendant's pre-trial reply,some defendants have clearly admitted themselves in the pleadings.So far,this has laid the logical foundation of judicial practice for the proposal of summary judgment.After that,by investigating the relevant rules of civil judgment in our country,we can draw out the mode of extraterritorial civil judgment,and analyze the value level of the two,so as to lay the logical foundation of procedural value level for the proposition of summary judgment.The second part: the proposition of the system of summary judgment.On the basis of the first part,this part mainly adopts the comparative analysis method to show clearly the system connotation,procedural orientation and basic functions of summary judgment.Then,focusing on the current research status of the summary judgment system in China,the author responds to the multiple doubts in theory and practice in order to find a feasible space for the construction of the summary judgment.At last,we affirm our position: in the reform trend of our litigation mode towards litigant doctrine,in the process of the substantive function and structural optimization of pretrial procedure,we need to provide a starting point for litigant doctrine by summary judgment,and to provide a boost for the substantive function of pretrial procedure and the optimization of its internal structure.The third part: the source of legitimacy of summary judgment system.Summary judgment is a kind of judgment scheme which simplifies the link of fact determination.The alternative scheme of self-admission provides the source of legitimacy for summary judgment.The form and mode of self-admission determine the form of summary judgment,so this paper mainly takes the form and mode of self-admission as the breakthrough point to investigate the rule of extraterritorial self-admission.On this basis,we strive to clarify the logical relationship between self-admission and summary judgment.Finally,on the basis of the analysis of the self-admission rules in China,the establishment of pre-trial fiction is explored.The fourth part: System construction of summary judgment system.On the basis of the first three parts,this part mainly focuses on the system premise of summary judgment,making and relief,scope of application,and the response of complex cases of the parties.