Study On System Of Pronouncement Of Judgment In Court In Civil Litigation

The significance of the study on system of pronouncement of judgment in court in civil litigation(PJCCL)is to improve the basic theory of the system of PJCCL,to promote further development of the judicial system reform,and to solve the practical problems such as too many cases but too few judges,and insufficient judicial capacity.There are few studies on the system of PJCCL in the academic field,which are not enough in breadth and depth and having limited guiding significance to practice.There is also a lack of research on the system of PJCCL under the background of the new round of judicial system reform in China.Under the background of judicial system reform,this paper studies the system of PJCCL,hoping to improve the system of PJCCL and its implementation.Chapter one clarifies the concept of PJCCL.PJCCL refers to the way in which the court announces the judgment conclusion of a case that cannot be mediated and has no possibility of mediation at the end of the argument after continuous hearing.Including pronouncing judgment and partial orders.It is characterized by the uninterruptibility of trial,the finality of argument and the exhaustion of mediation means.In addition,a distinction is made between PJCCL and summary judgment and emergency adjudication.Chapter two analyzes the jurisprudence of system of PJCCL.To promote judicial justice,enhance judicial efficiency and strengthen judicial authority is the value orientation of PJCCL.PJCCL is an important starting point to promote the reform of civil trial way,a booster to promote the fulfillment of litigation obligations,a shield to protect the judiciary from external interference,an open class to promote the rule of law,and a touchstone to test the judicial ability of judges.The historical development of China’s PJCCL shows that our country has a practice of PJCCL since ancient times,but the relevant system is not sound enough.Chapter three investigates and analyzes the current situation of China’s system of PJCCL.At present,some courts have started to establish and improve the system of PJCCL,strengthen the trial management,and improve the relevant guarantee measures of PJCCL,so as to improve and implement the system of PJCCL.However,there are still some problems,the subject of PJCCL is not clear,the scope of the case of PJCCL is not clear,the content of PJCCL is not clear,the low rate of PJCCL,the setting of PJCCL rate is unreasonable,unscientific statistical standards of PJCCL,the existence of “judgment before trial” to some extent and the guarantee of system is prefectionless.Judicial policy,litigation procedure law and its operation,court management system and judge quality are the main factors influencing the PJCCL.Chapter four investigates and analyzes the referential significance of the extraterritorial PJCCL.PJCCL in Anglo-American system and continental law system countries(regions)is investigated.Both law systems regard PJCCL as a way of pronouncing judgment conclusions,and neither of them requires PJCCL to be mandatory.Anglo-American countries(regions)adopt the principle of PJCCL,while continental countries(regions)adopt the system of combining PJCCL with periodic pronouncement.On the one hand,we should perfect the system of PJCCL from the perspective of legislation;on the other hand,we should perfect the system of guaranteeing PJCCL from the perspective of judicature.Chapter five studies the perfection of our country’s system of PJCCL.Firstly,elaborating the norms of system of PJCCL.In terms of subject,the chief judge can be the subject of PJCCL at present,and the position of the presiding judge as the subject of PJCCL should be established in the future.In terms of the scope of the case,it is not appropriate to make a clear division of the scope of the cases to PJCCL.It is necessary to establish a system of judgment in which PJCCL is the principle and periodic judgment is the exception.In terms of the content,all cases should be declared in judging the main text,the ascertained facts and reasons of the judgment should be distinguished from different litigation procedures so as to make different procedural design;In terms of the effect,it may be made clear that PJCCL is regarded as service;In terms of the correction of defects,the judge may be granted the right of interpretation to correct the defects in the PJCCL.Secondly,implementing the scientific management of PJCCL.We shall strictly implement the norms of PJCCL,reasonably determine the rate of PJCCL,scientifically determine the statistical standards,and strictly follow the judgment logic.Thirdly,strengthening guarantee of system of PJCCL.enriching the pre-trial preparation,promoting the substantive trial and improving the judge’s ability to make PJCCL.