Court Violated The Procedural Responsibilities Of The Civil Procedure Law System

Our present legal liability system for civil procedure law is mainly substantive, containing civil judicatory compensation, criminal liability and civil liability assumed by judges, etc. The key to restrain procedural illegality is the procedural legal liability system. The procedural legal liability system is made up of the type and the applicable area of procedural liability, and the scheme of procedural adjudication. This article starts with the basic theory of court's procedural legal liability, analyzes the problems of court's procedural legal liability system, and puts forward systematic scheme to rebuild our court's procedural legal liability system. This article mainly discusses court's procedural legal liability and treats the scheme of procedural adjudication comparatively briefly.There are three chapters altogether.Chapter 1: On basic theory of court's procedural legal liability system.This chapter mainly addresses this liability's signification and characteristics. Then discusses basic meanings of procedural judgment briefly. The main form of procedural judgment is invalidation of acts in action. In the end, this chapter demonstrates existing value of this system, mainly ensuring civil procedure's independence, guaranteeing litigant's procedural rights, and vindicating justice.Chapter 2: On problems of court's procedural legal liability system.This chapter introduces our present procedural legal liability briefly, and analyzes existing problems of court's procedural legal liability and the scheme of procedural judgment. Now our main procedural legal liability in our civil procedure law is quashing the original judgment, and remanding for new trial. But the applicable area of procedural legal liability is narrow, the judge's right of discretion is excessive, the procedural legal liability type is relative simplex, and our present civil procedure law is short of self-contained mechanism of procedural adjudication.Chapter 3: On reconstructing our court's procedural legal liability system.This chapter emphasizes the applicable area and type of the procedural liability. The applicable area of the procedural liability needs sufficiently scope. When setting the scope, we should balance between equity and efficiency. According to different degrees, we can set up systematic theory of absolute nullity and relatively void of procedural illegality, and of supplementary liability, such as de novo, ordering implement or stop or remedy action.