The Full Realization Of Civil Judicial Relief

Judicial remedies are correct, rectify, or redress make by the courts to the damage, jeopardize, lost, or injure which have occurred, or had been made by wrong conducts. The history of law developed, actually is the history of remedies developing. It is the best example to the development of Rome Law and British common law. The essential significance of remedies is the Adequacy of Remedies. The testing factors of the adequacy are as follow:(1) the reasonable designation of the remedial purposes;(2) the diversification and flexibility of remedial means;(3) the accordance with the substantive requirements of the ordinary rules;(4) the effectual reaction to the social demand."The adequacy of remedies" is such a notion that must be supported by elements in tiers. There is every probability of that weakening of any portion will result in the inadequacy. Some preconditions are also essential to the fulfillment of the adequacy: the sounded and unified judiciary system; the existed substantive rules with definition and integration; the highly protective procedure-the justicial procedural regulations; the discretion right of the remedy provider.Since 1980s', the marked development of our judicial system and practices really inspires people. It is the emphasis on the enactment of laws and the rule of law that enlarges the court's jurisdiction over the civil and economical disputes, and in the long run stimulates the whole system's advancement. Meanwhile, the courts' positive attitude towards the new challenge and their great efforts to expand the domination and workload also contribute a lot into the changes that happened in the civil and economic trial field.Nevertheless, there are still some primary obstacles to the adequacy of remedies:(1) the disintegrated statute;(2) the rigescence of the remedies;(3) the limitation of the judicial resources to courts;(4) the imperfect procedure system.In the interest of the remedy system's positive function for the adequacy requirement, the principal tasks of the coming reform are:(1) define the ambit of judicial rights;(2) improve the procedural mechanism;(3) award judges the right to choose the applicable law-the right to interpret law.