A Study On "Co - Occurrence Of Judgment In Civil Law"

With the continuous advance of open justice and the rapid development of network information age, "co-exclusive judgment" phenomenon often seen in public view and therefore make justice be questioned. "Exclusive co-judge" is not the product of modern justice, but ancient, although the dynasties of the root causes, manifestations vary, but the ancient Chinese Civil Action "co-exclusive judgment" generation of Chinese Ancient Traditions justice Model inseparable. At the same time, not only in our country, in a foreign country, "co-exclusive judgment," the phenomenon is widespread. "Co-exclusive sentence" a great impact on the credibility of the judiciary, reducing judicial efficiency, this phenomenon has attracted the attention of the court system and reflection.In the broadest participation of ordinary people in civil litigation, how to handle the relationship between the law and the discretion to hear both, taking into account the achievement of universal justice and justice cases, has made the case law and social effects of the organic unity, is worth every legal people thought.(?)From the "exclusive co-judge," the reality of the situation to start using empirical analysis, comparative analysis study on the value and rationality background in civil justice cases under judicial discretion analysis, analysis of "exclusive co-judge" phenomenon the reason for Civil Action "co-exclusive judgment" phenomenon of legal regulation proposals. In order to properly regulate discretion, reduce the "co-exclusive judgment" phenomenon, it is necessary to gradually establish a legal precedent guiding system, a reasonable standard civilian judges to exercise discretion, strengthen the judicial team building, improve the quality of judicial personnel, in accordance with the law of the trial reasonable exercise of judicial discretion under the premise, thus reducing the "co-exclusive judgment" phenomenon, the ultimate realization of justice cases to protect the public interest, and earnestly safeguard judicial justice and legal authority.