On Summary Judgment System

Summary judgment is one of the most characteristic litigation procedure in the Conmmon Law Legal System. This procedure allows the judge to make the judgment on the cases, which have no genuine issue of material fact, without the court's trial. Its purpose is to shorten the litispendence, to mitigate the litigants' burden and to make sure the high-efficient operation of national judicial resources. There isn't summary judgment in the Continent Legal System and our contry. This thesis tries to investigate the historic sources, the development, the inherent value and the institutional design of the summary judgment. At the same time, this thesis also tries to analyze the developing trend of the civil litigation procedure in most of the countries in the world, and to make some suggestions to construct summary judgment procedure in our country with expounding the system frame of our nomocracy status in quo.The text contains four parts.The first chapter establishes the concept of summary judgment, based on the analysis of the earlier studies on summary judgment. Then it summarizes the general features of sunmmary judgment.The second chapter clarifies the sources and development of summary judgment from four different viewpoints, containing the similar regulations in the Roman law, the real origin of the modern summary judgment in England and the development of the summary judgment in America.The third chapter introduces different content of the summary judgment of different countries and areas, from the perspective of comparative law, containing the purpose, the standard and so on.The fourth chapter discusses the necessity of establishing summary judgment in our country now and puts forward author's suggestion on the structure of summary judgment.