Judicial Cognition In Civil Litigation

The judicial cognition rule comes from an ancient proverb in western litigation procedure:" What is known need not be proved.". Though the code of civil procedure in our country did not make the explicit formulation to the judicial cognition, but this issue was attached great importance in the theories field and judicial circle, the related judicial interpretation of the Supreme People's Court formulate the principle provision of this issue, at the same time, parts of scholars in judicial procedure also did more research of this issue. Be close to two years, along with the study and discussion of the formulation in proof field, the theories field had more overall and thorough concern to many theoretical problems and actual problems in proof field, the judicial cognition is a very important problem in the process of the formulation, it inevitably causes the more and more scholar's value. But in the actual judge of civil cases, based on many reasons, the judges can not use the judicial cognition rule nicely, thus cause great burden of proof to the agent. The perfection of in the law and the application of this rule is a important problem which need solve in the code of proof. . The text first defines the concept,character and feature of judicial cognition , at the same time, author compares judicial cognition with facts without proof,self cognition,deduction,prove duty etc, then defines the function of judicial cognition.The text fingers out that the philosophy foundation of judicial cognition is a entity of fortuity and inevitability, the realistic foundation is economic legal procedure. Based on the emulation of foreign law and the analysis of the defect of our law, the article regards objectivity,undoubted in fixed time and space as the standard of judicial cognition, then defines the cognitive object in our civil litigation .At last, the writer cognizes the perfection of the procedure of judicial cognition for the convenience of in the judge's actual operation, and defines the force rule to the party concerned and court to guarantee the procedure effect of judicial cognition.