The Arguments In The Civil Judgment Documents In China

Any reform, in addition to the substantial evidence investigates analysis to can not get away from outside and all to inquiry into in advance and theoretically.Our country the current judicial reform is medium, emphasizing to the reform that judges a clerk, including and strengthenning the civil case assize a clerk to say reasonableness.This has a necessity from the theories of the angle inquiry into the civil case assize a clerk to say reasonableness and it with reform of relation, there is also related reform way of thinking.Our country the traditional code of civil procedures learn to neglect to judge to the civil case to say the theories research of[with] reason in the clerk, the actual situation section judges the clerk's reform to carry on a discussion from the civil case mostly.This makes the related theories study appear blank, also doesing not up talk civil case to judge the organic contact of the theories and reform that the clerk wins to say a reason.This text aims at the civil case assize a clerk to win of say the reason and related reform made a study.Concretely include a problem to put forward,the civil case judges current civil case of the connotation,our country that the clerk wins to say a reason to judge the clerk is in the aspects of saying a reason existent problem,bring of influence and output reason,abroad concerning judge the clerk says a reason of related way of doing, put forward current civil case finally to judge the reform design of the clerk and related system,system to the our country.The full text is divided into four parts totally.The first part:The civil case assize the clerk say the academic theories analysis of[with] reason.Investigate the civil case assize a clerk to say the reason in the reason means exactly what first?At analytical the theory is say the scope,foundation of the reason and the premise of the value under, put forward an own views.The point clarified to say the "reason" in the reason is accuse according to,of[with] fact and law or legal theory of concrete contact, namely"the contact say", and inquiried into civil case to judge the legal theory and value that the clerk says a reason further, the procedure and entity,tell the power and judicature,lawmaking and judicial organically the knot put together.The second part: Our country the civil case judge the clerk say the present condition of[with] reason and become because of resolution.Indicate current present condition of our country first, then point out afterward a fruit and influence and become because of.Lift wrong after, said a concerning the content that says a reason and postponed two standpoints with four layer and judged a clerk to say the legal theory and value of[with] reason outside before in order to according to fasten, summary,analyzed an our country civil case assize the problem of[with] clerk's existence,the influence for bring and it become because of.Think to exist three greatest problems:Don't say a reason,say reason insufficiency and say the reason lacks to aim at sex.Bring four greatest influences from here:One is can't reflect litigation whole processeseses;Two is make performance difficult;Three is make judge's character low;Four is hard to discover the law problem, the disadvantage learns in the perfect law and the push method of development. Put forward it to become because of having five aspects:BE not high to the imperfection,judge's character of the mistake area,law that judges a clerk to say the reason understanding,the court administration turn the check and supervision of the management system, the judicatory sign and has no the judicature of integrity not only.The third part:The foreign civil case judges the related way of doing and gains or losses analysis that the clerk says a reason.This part expressed abroad relevant civil case the assize says the evolution of[with] the reason problem in the clerk, and the two greatest methods fasten a nation relevant civil case judge the clerk say the way of doing of[with] reason and distinguish as to it's made gains or losses analysis, with this provide behind the text is to the related system,system of the reform provide to draw lessons from.The fourth part cent:Aim at the civil case assize the problem of say the reason existence in the clerk and it produce of reason etc., combine the related way of doing of the abroad, put forward reform a project.Think to want to carry on reform to the current civil case statement of verdict from four aspects first:One is reform structure;Two is a substantial related contents in the structure in above-mentioned reform;Three is increase to establish to attach page;Four is a judge appropriately and publicly different opinion.Inquiried into civil case to judge a clerk secondly overall,condition well said a reason to should have.While being the judicatoryindependence;Two is the judicature that the judicatory has an integrity;Three is judge's elite to turn.End, put forward a related system,system of reform design.Think to mainly carry on from fours:A,the judicatory independence and give it the judicature of the integrity;Two is practice judge's elite to turn, the establishment judge's assistant's system;Three is establish the civil case assize a clerk to say the reason principle, establish and don't say that manage invalid system;Four is a modification 《code of civil procedures 》 , explicit judgment basis, and the legal theory is to judge a basis.