On The Pronouncement Of Civil Judgment At Court In China

In chinese civil procedure, pronouncement of civil judgment in court is one of the legal forms of adjudgement. As a litigation system, judgment pronounced at court involves many problems. It directly affects the lawsuit cost, the judicial transparency, the professional construction of judges and the citizen's legal belief. As a judicial action in litigation process, both the civil litigation structure, the judicial system and the judicial policy have close connection with the realization of judgment pronounced at court. However, this importmant thesis has not caused enough attention in scholars and it is short of systematic research in the domestic theory circle. So it is diffcult to response to the perplexity in judicial practice. Starting from the theories on judgment pronounced at court, this article analysis its existing problems, disadvantages and causes, uses the extraterritorial experiences for reference in order to provide some beneficial exploration to the system perfect and design of the pronouncement of civil judgment in court.Except for the introduction and concluding remarks, this article consists of four parts, the arrangement of its concrete structures are as follows:Chapter 1: The general investigation on pronouncement of civil judgment in court. First of all, carried on a comprehensive and dialectical analysis on different academic schools about the definition of judgment pronounced at court in domestic academic circles, as well as precisely define its connotation and extension. Secondly, to elucidate its procedural value, mainly includes procedural justice value, procedural stability value and judicial efficiency value. Finally, to make an objective and historical investigation of judgment pronounced at court. Combining the existing literature data to concretely review the institution of adjudgement in ancient China. And compared with the system of judgment pronounced at court which introduced to China in modern times in order to find out its evolution process.Chapter 2: The existing problems, disadvantages and causes of pronouncement of civil judgment in court. Such existing problems in civil procedural legislation are as follows: its applicable conditions and validity are ambiguous, and its maneuverability is not strong. All of these directly cause the decrease of court trial effect, the increase of litigation cost and rent seeking corruption in jurisdiction. Analyse from procedural structure and judicial policy, its reason lies in the judicatory with administrative characteristic, the formalization of centralized hearing, the principle of directness and verbalism has not yet established, the adversary doctrine does not have binding character, the judicial environment that giving priority to lawsuit mediation and so on.Chapter 3: Review and reference on pronouncement of civil judgment at court in foreign law. This part carry on a study on pronouncement of civil judgment at court in the common law system and civil law system, and make comparisons between them from the viewpoint of litigation methodology. The common law system belongs to the germanic law legal system, its litigation way of thinking adopt the pattern of action from fact. In the guidance of this lawsuit view, the jury is responsible for the fact-finding while the judge apply law to find a judgement. There does not exist the legal concept of judgment pronounced at court in the common law system, but it is normality that the jury will announcement their verdict at court in jury trial. While in the civil law courtries whose litigation way of thinking adopt the pattern of action from norm, all of their professional judges are judicial elites. They are responsible for the fact-finding and applying law to find a judgement. Judgment pronounced at court it is not normality in the trial model of the civil law system and legislators do not make compulsory requirements for it. Based on the above discussion we can know that, Judgment pronounced at court is an inevitable result in jury trial of the common law system, while it is a theoretical design of the principle of concentrating hearing in the civil law system. The significant difference between them offer beneficial inspiration for perfecting the pronouncement of civil judgment in court. Pronounce the juedgment at court or not is within the range of judicial discretion. Moreover, the conception of judiciary justice and efficiency in that system deserve more pursuance.Chapter 4: The system design of perfecting pronouncement of civil judgment in court. There are three problems should be paid attention: First, the elaboration of legislation for judgment pronounced at court, including its basic conditions, applicable scope, exception and pattern and its legal effect. Second, pronouncement of civil judgment at court in the procedure of first instance, second instance and retrial procedure are discussed respectively. It also can be theoretically divided into procedural judgment pronounced at court and substantive judgment pronounced at court. So as to seize the opportunity of judgment pronounced at court in each trial grade. Finally, establish the security system from every aspects. Such as enrich pretrial procedure, implement proof losing-right system, establish the binding character of adversary doctrine, enlarge the collegiate bench's authority and so on.