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A Study Of Civil Judgment In China

Posted on:2016-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:J TianFull Text:PDF
GTID:2206330470462959Subject:Law
Abstract/Summary:PDF Full Text Request
Civil judicial documents is to display the parties rights and obligations of legal basis, its objective, justice, writing is very important, Because it is not only reflected the open and fair trials in civil litigation, and is a highlight of our country’s legal system, legal thought and legal culture important tool. With the acceleration of the rule of law policy and the implementation of the judicial reform, judicial justice become a measure of an important content of judicial reform, therefore, the reform of the ruling clerical and attracts the attentions of the jurists. Although reform of civil judgment in our country has made significant results, but on closer inspection, there are still many defects seriously affect the judgment of the perfect development. Improve the system of Chinese civil judgment, therefore, need further analysis ills, looking in the broader field of vision, make the research of the judgment is more meaningful.Based on the above understanding and experience, the author of the judgment function and standardization and other issues are discussed in this paper, and the problem of civil judgment in our country at present stage are analyzed and summarized. On this basis, proposes some ideas on how to perfect our country civil judgment. Mainly includes four parts:First, the function of civil judgment in our country. To know the function of civil judgment is the precondition of analyzing the basic situation, this article firstly made a definition to the function of civil judgment in our country. The author thinks that the function of civil judgment in our country can be studied from the following four aspects, Namely to judge the function of the program itself.For the function of the judicial organization, for the judgment function of the recipient to and for the function of the social members.Second, the standardization of the civil judgment in our country. This chapter focuses on the standardization of the current civil judgment in our country, mainly includes two aspects of structure and content of standardization.Third, the current problem of civil judgment in our country. The part of the problem of the current civil judgment in our country were described in detail, According to the article main problems of the present stage our country civil judgment are as follows:First, the structure of civil judgment in our country there is a defect.Second, problems existing in the content Mainly displays in:1, trial reflect not comprehensive;2, simple list of evidence, ignore the analysis;3, reasons things out the part discusses the inadequate;4, lack of applicable law explanation.Fourth, the countermeasures of perfecting our country’s civil judgment. In view of the problem of civil judgment in our country, based on the relevant practice of major countries of two important legal systems, put forward to strengthen civil judgment from details of concrete countermeasures and Suggestions for the reform of judicial documents. First of all, regulate the structure of civil judgment;Second, perfect the content of the civil judgment;Finally, improve the system of civil judgment of public.
Keywords/Search Tags:Civil judgment, Standardization, Verdict reason, Open system
PDF Full Text Request
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