A Study On Summary Judgment

Summary judgment is an important system of summary judgment in common law countries. It can make out a judgment on a case directly without the trial procedure. AS an important litigation system of filtering case in common law countries, summary judgment speed up the litigation process, save litigation resources and improve the efficiency of trials. Summary judgment is not exist in our existing civil legislation, so all the case, whether simple or complex, having dispute or not, will be resolved after trial. The practice is machinery and it is contrary to the purposes of justice proceedings and lawsuit benefit seriously. Whereas the issues mentioned above, the author advocate that we can consult legislation experience of common law countries and provide some exception beyond the principle of "no trial, no judgment". That is, to create more procedure to treat simple civil cases. The judge can make out a summary judgment as long as there is no dispute in the civil cases.The article tries to introduce the conception, character and sort of summary judgment, probe into the procedure importance and introduce its development and active legislation in the common law countries. Then, discussing the necessary of transplanting summary judgment view of its action, the relationship between the summary judgment and the procedure for supervising and the summary procedure, the actuality of judicatory practice; Demonstrating the feasibility of transplanting summary judgment by analyzing the relationship between summary judgment and the procedure of sorting out arguments. At last, putting forward some ideas to construct summary judgment and consummating some correlative systems.