论我国民事简易判决制度的构建

Research on the Construction of Summary Judgment Institution in Civil Procedure in Our Country

简易判决制度是英美法系国家最具特色的一项民事诉讼制度,它允许法官不经开庭审理直接对主要事实不存在争议的案件作出实体判决,其价值主要体现在过滤无争议案件、促使当事人尽快提供证据和提高诉讼效率三个方面。司法实践中,立案登记制引发的案件骤增与员额制改革下法官人数的严重不足,进一步加剧了法院"案多人少"的矛盾,简易程序和督促程序的不足又使案件分流机制失灵。基于这一境况,民事简易判决制度的引入与构建刻不容缓。文章通过对比分析英美两国实行简易判决之动因以及具体制度设计,考察了我国引进简易判决制度的现实可能性,并从适用界限、程序启动、审理程序、判决效力及法律规制等方面具体构建了我国的民事简易判决制度。

Summary Judgment is one of the most distinctive summary procedures of civil action in Anglo- American law countries. In civil proceedings,the court can make material judgments on the cases which have no factual dispute nor real point controversy directly without the words debate’s trial. Its value is mainly reflected of improving the efficiency of lawsuit,urging the parties to provide evidence as soon as possible and improving the efficiency of the proceedings. In judicial practice,the accreditation by registration system brings to the rapidly increasing of the case,and the Judge Post system makes the trial judges reduce. That makes the judges which are less than the case problem become more prominent,and the lack of the simple procedure and supervision procedure have made many cases difficult to achieve classification. Based on this situation,the introduction and the construction of the civil summary judgment system is instant. On the base of comparative analysis of British and American’s motivation to establish the summary judgment as well as it’s specific system design,this paper studies the practical possibility of introducing summary judgment system in our country. At last,this paper attempts to implement the summary judgment system of our country from the applicable limits,the procedure starting,the trial procedure,the judgment effect and the legal regulation and so on.