The Immediate Judgement In Chinese Appeal Procedure

The civil immediate judgement is the unique way of trial of Chinese civil appeal procedure. Its simple rules of procedure meet the demand of litigation efficiency of judicial practice at present, but according to the Chinese Civil Procedure Law and judicial interpretations, the scope of the civil immediate judgement or rules of the civil immediate judgement can't fulfill the reasonable request of the value of procedural justice that civil appeals ask for, therefore it leads to a lot of problems in judicial practice of the civil immediate judgement. This article will start from the diversity of values of the civil appeal procedure, and discuss simplified distribution theory and the principle of minimum procedural safeguards, it will highlight the theoretical value and practical feasibility of the civil immediate adjustment as the simplified procedure of Chinese civil appeal procedure, and by analyzing the appeals procedures for different types of diversity cases on the internal demand, redefine the scope of the civil immediate judgement. Finally, it focuses on the legislative defects and practical problems, improve the rules of procedure in perspective of procedural safeguards in order to construe the appealing procedure that meets the civil legislation and the demand of the legal practice.This article, except the introduction and conclusion, is divided into four parts, full-text counts to 50,000 words.In the introduction, it introduce the research of the civil immediate judgement at present and the significance of this article.In the first part, it starts from the basic content, the theoretical categories and theoretical basis, the content of this part is mainly basical problem of the civil immediate judgement.In the second part, on the basis of inspection status of legislation and practice, the main content includes the legislative defects and practical problem of the civil immediate judgement.In the third part, the main content includes the necessity and feasibility of the improvement of legislation, and uses the comparative method to study civil appeal in Germany's judicial reform, provides reference for the improvement of our legislation.In the four part, the content will focus on the legislative defects and practical problem of the civil immediate judgement combining the theoretical basis for improving legislation. By defining the nature, applicable standards and rules of procedure, finally, it proposes suggestions of the improvement of our legislation. In the conclusion, the content includes summary of the view of constructing the civil immediate jugdement procedure.