我国能否引入英美法上的简易判决?

Can Summary Judgment in Anglo-American Law be transplanted to China?

美国法上的简易判决,是在当事人双方对案件要件事实不存在实质争议且一方当事人有权获得有利判决的条件下,法院做出的一种不经庭审的实体终局性判决。简易判决被美国从英国引入后,与美国的诉答程序、证据开示等制度紧密结合,具有过滤案件、避免无益庭审等功能。虽然这项制度对我国有着很大的吸引力,但是鉴于目前我国审前准备程序的不完善以及事实认定方面有很大的任意性,暂时不宜引入该制度。

Summary judgment in American law is a final substantial judgment granted without trial on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. After being transplanted from Britain into America, summary judgment was combined tightly with other systems such as pleadings and discovery, and became an important system with functions of filtrating cases, avoiding useless trial, and so on. Even though the system is absorbing, it isn＇ t the right time now for us to make a transplantation because of the faultiness of pretrial and the arbitrariness of fact-finding. So we should not transplanting summary judgment from Anglo-American law into our country.