Civil Judgment Basic Modal Analysis

Civil verdict as the ultimate carrier of law case, its objective, logical writing is essential, not only because it embodies intently the judge' s comprehensive quality, but also reflects the process of the rule of law in China.Parties put their rights and obligations which are disputed in the court to get a result relying on the power of the judiciary. And the proceedings are tightly around the center of rights and obligations to develop. After a series of judges with legal procedures, the final results will be dealt with in the judgement expression. Parties to get the verdict, that is, get the proof of their own rights and obligations. At the same time, the community can also understand the behavior which is guided by laws, and oversee the impartiality and neutrality of judiciary through the judgement of the court.An outstanding civil verdict not only requires rigorous logic, properly written expression, fully legitimate reasoning, but also requires a reasonable structure arrangements. We are developing a quick reform in judicial area. As an important part of the reform, civil verdict is highly valued by those who worked in the area of legal theory and justice practice sector. All the problems, such as proper format and fully legitimate reasoning, cannot be expressed reach every aspect of a matter in the length of a master' s degree' s paper because of the complexity. Therefore, this paper will study the basic mode and reform of civil judgment from the following four aspects.The paper has more than 40,000 words and consists of four parts except the prelude and the tag, which are as follows:PartⅠ. The definition of 'Judicial judge' and 'Verdict' . In this part, two main keywords 'Judicial judge' and 'Verdict' are defined. Because these two upper concepts must be studied clearly first in order to reaserch civil verdict.Through the analysis of this part, the author gets to draw a conclusion: the judge of the supreme legal authority, which is relied on the justice, will be expressed by civil verdict finally. In other words, civil verdict is the only carrier of civil justice and authority. In the current social environment, in addition to vigorously cultivate awareness of the rule of law among people and build a favorable legal environment, the implementation to reform and innovate civil verdict has an important practice significance for the creation and maintain of a harmony legal social, as well as a direct function involved in norms and guidelines to spread the spirit of law and enhance the authority of it.PartⅡ. In this part, the basic structure of civil verdict is studied through the comparison of two legal families as well as different historical periods of our country. Comparison is a good way to find the rule of civil verdict' s basic requirements. Observation of different verdict styles formed by different legal concepts, can be used for reference at the present stage of our reform.Through the analysis of this part, the author gets to draw a conclusion: the styles of civil verdicts in the world are not in the same way, but basically there exist two very different tendency. As a whole, verdicts are likely to show the color of reasoning or authority. Because our country' s legal system is more inclined to the Continental law legal family, so the rules of our civil verdicts have more characteristics of it. However, with the current trends of the. two legal families' s integration, we need to absorb new and good experience which suits our national condition from each other to achieve further refinement and development.PartⅢ. The problems of civil verdict in practice. In order to correct defects, we should discover them first. With the earlier identification and investigation of our civil verdict, shortcomings can be understood clearly. Judging the current condition, there exists a lot of limitation in some low-quality civil verdicts. In this part, the problems in reasoning part, facts part, text part and tail part will be excavated for the later.Through the analysis of this part, the following conclusions can be drawn: the writing of our current civil verdicts still exists a lot of problems, which should be attached great importance to the community of practice and theoretical area. In a civil verdict, it is very important to describes the facts fully and gives admissible or not admissible reasons of evidence correctly, as well as the based rules and the understanding of them or potential loopholes of them. A civil verdict with full content, accurate words and logic resons would not only convince the parties and community, but also establish the authority of courts. There are still many problems in our civil verdict making. It' s the time to improve the making of civil verdict to adapt to the building of society of democracy and the rule of law under this current excellent situation.PartⅣ. Proposals and expectations to the reform of civil verdict. In this part, problems said above are correct in detail first. And then, further methods in general will be put forward to reform the civil verdict in order to build a framework of it.Through the analysis of this part, the following conclusions can be drawn: the reform of the civil verdict is a systematic project. The effective results can be achieved only when measures organically linked together to strengthen the related steps. Under the guidance of the Supreme People' s Court, the reform is imperative under the situation and has been achieved some success. However, the future is bright, but the road is tortuous. Reform of the civil verdict also involves a lot of deep-seated problems. The coordination needs to be worked before we can have good results. At the same time, looking into the related system around the world and regions, we have to learn how to choose the good and discard the dross and use their advantages in the light of the actual situation in China for our own reform, to provide an innovative direction.