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争点整理程序是即决判决的前提,而即决判决的过滤案件功能实现了争点整理程序的部分制度目的,两者相辅相成,互为依托。我国的争点整理程序虽有不足,但已具备争点整理功能,且有不断完善之趋势,然而却没有即决判决制度与之配套,导致案件无论繁简、是否存有争议,均须通过庭审程序方可作出判决。这种“一刀切”的做法机械烦琐,无法实现案件繁简分流,制约了争点整理程序的部分制度功能,浪费了诉讼资源,因此,我国有必要确立即决判决制度。
The procedure of dispute arrangement is the prerequisite of summary judgment, while the function of filtering judgment in summary judgment fulfills part of the institutional objective of the dispute consolidation procedure. Both of them complement each other and rely on each other. Despite the shortcomings of the dispute arrangement process in our country, it has possessed the function of arranging disputes and has the tendency of continuous improvement. However, there is no system of summary judgments, which has led to the controversy of cases whether complicated or not, Before making a decision. This kind of “one size fits all” approach is cumbersome in mechanics, unable to realize complicated and diversified cases, restricts part of the system functions of the process of dispute consolidation, and wastes litigation resources. Therefore, it is necessary for our country to establish a summary judgment system.