Civil Interlocutory System

In civil procedural system of the civil law countries and the Taiwan one region of China, when adjudicating a complicated civil case , the judge may make defenses . Having an evaluation of evidence about the issue through inner conviction, the judge can make an interim judgment to assure the existence of the issue. Judicial practices have proved that the interim judgment can help to bring about the amicable settlement, to open inner conviction and increase the efficiency of the lawsuit.In the paper we analyze the interim judgment from the perspective of comparison method, and, the Germany, Japan and Taiwan's interim judgment are mainly introduced, and, combined with our country-specific conditions, as well as the judicial practice, we put forward a specific idea of building our country' interim judgment.This paper, a total of more than 30,000 words, is divided into four parts.The first part of the paper is an overview of the interim judgment. First of all, we introduce the origin of the system. Followed by analysis of the classification of civil judgments is introduced, we find that the major countries of the civil law system and Taiwan have another important classification, which is final judgment and interim judgment, and what is the interim judgment? This paper draws on the concept of the interim judgment. How to distinguish it is or not, and what is the nature of it? This is the introduction of characteristics and the nature of the interim judgment.The function of the interim judgment is analyzed in the second part of the paper. Accordance with the interim judgment, the relevant dispute is for the decision reached, the judge can make an interim judgment, the two sides can be fully informed the information of the suit and measure their own situation at litigation process through the main contents of judgment, the final outcome of the proceedings can be determined, when going through full debate, the parties have large possible to reconcile in order to resolve disputes; because of the particular effectiveness of the interim judgment ,and the final judgment may not be in contradiction with the interim judgment, the interim judgment makes the process of evaluation of evidence open; the interim judgment has the function of listing dispute point systematically ,and it makes the parties debate concentrated, so that the judge can find the facts of the case rapidly, to resolve disputes in a relatively short time, thereby the effectiveness of the proceedings is improved.The third part of this paper, we make a comparative analysis of the interim judgment of the major countries of civil law and China's Taiwan region. We have found that the interim judgment originated in Germany. The German Code of Civil Procedure (1877) gave the judge the power of making interim judgment, judge's clarification and commanding to debate concentrated. The civil procedural law of German has been amended several times , but the interim judgment has been still kept down; Japan and Taiwan learned from Germany and also established it, but its Specific system was different form German's; There is a the concept of the interim judgment in the civil procedural law of French, it is different largely from Germany, Japan and Taiwan's, and finally, we find that the mixed judgment of the civil procedural law of French is similar with the interim judgment.The fourth part of this paper is about constructing our system. This part is divided into two parts, the first one is about building related system of the interim judgment, because we believe that we construct a legal system, not only to consider the system with the existing legal system and the convergence of the matching, but also to research to design the symbiotic system. The other one is the construction of the Specific systems, which include the application of matters, conditions, and ways of starting of the interim judgment , making the verdict and effectiveness of the interim judgment.