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A Legal Thinking About Problems Over The In-Court Judgment Pronouncement In The Civil And Commercial Cases In The First Instance

Posted on:2004-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:G M LiuFull Text:PDF
GTID:2156360122985139Subject:Law
Abstract/Summary:PDF Full Text Request
Pronouncing judgment in court is one of the forms of judgment pronouncement regulated by the Law of Civil Procedure of China. However, in practice, for a long time the judgment pronounced later at a fixed date prevails in the people's courts at all levels. Pronouncing judgment in court has been left unused. Given the fact that the judgment can not be pronounced in time, the public confidence to the administration of justice is affected, limiting the further development of the reform in the civil and commercial judgment pronouncement forms. And the civil and commercial cases connect with many aspects of the market economy. The result of trial directly acts on the subject of market deals. So, it is of significance to protect the order of the market economy and fair deal. While it sets a system of the in-court judgment based on the existing laws of our country, it does not give a systematic definition over the concept of the in-court judgment pronouncement, which is also seldom involved in the theoretical and practical circles. In the first section of this thesis, it first defines the concept of the in-court judgment pronouncement in the civil and commercial cases in the first instance. And then, combing with the practices in the trial work of the people's courts, it defines conditions, methods and scope in the in-court judgment pronouncement in the civil and commercial cases in the first instance. In the second section, depending on concerned theories, it particularly elaborates the lawsuit values of the in-court judgment pronouncement in the civil and commercial cases in the first stance, mainly involving the following 4 aspects: Firstly, to realize the in-court judgment pronouncement in the civil and commercial cases in the first instance is the necessity of independent trial. The principle of independent trial is a law principle generally recognized and observed in all countries of the world. After China's access to the WTO, if a civil and commercial case can not be pronounced in court, but be pronounced formally, it will confront with the rules of the World Trade Organization, damaging the images of our judges and the prestige of our courts. Meanwhile, the key aspects in the reform of trial forms are to strengthen the duty of collegiate bench, letting judges take the full responsibility to try a case. The in-court judgment pronouncement is one of the most efficient ways to realize this duty. Secondly, to realize the in-court judgment pronouncement in the civil and commercial cases in the first instance is the necessity of public trial. Judgment pronounced in court can avoid "undertable" operations by judges. It is favorable to let the public enjoy the rights of knowing the facts and the rights of supervision over a case trial, preventing from corruption in the administration of justice. Thirdly, to realize the in-court judgment pronouncement in the civil and commercial cases in the first instance is the necessity of fair trial and efficiency. Fairness and efficiency have always been the eternal main theme in the work of the people's courts. Judgment pronounced in court can embody the justice in procedures, letting the person (party) concerned feel directly that trial procedure is just. It can shorten trial time, prevent from putting off a lawsuit indefinitely and improve the trial efficiency. And, lastly, to realize the in-court judgment pronouncement in the civil and commercial cases in the first instance is the necessity to realize the professionalization of judges and improve the quality of judges. Judgment pronounced in court can really embody the characteristics of professionalization in trial work, promoting the quality of judges in an all-around way, and enhancing practical experiences and skills in court trails, which can set up a good professional image of judges. Starting from the status and origins of the in-court judgment pronouncement over civil and commercial cases in the first instance, the third section of this thesis discusses the basic circumstances of in-court judgment p...
Keywords/Search Tags:Civil and Commercial Cases, Lawsuit, Judgment Pronounced in Court
PDF Full Text Request
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