Transplantation And Creation: The Constructions Of Interim Judgment In Our Civil Procedure System

In the continental legal system, the interim judgment system is one of the characteristic ligation procedure systems. It urges the judges to make a judgment on the matters of precedent affairs before the final judgment. But these judgments do not have Res Judicata. Interim judgment has existed for a hundred years. During this time, this procedure plays a significant role on the procedure management, the litigation efficiency and protecting the rights of the parties. Since the nineties of last century, dramatic transformation in society, civil disputes have turned more complicated, new cases have frequently appeared. These abnormal changes in civil disputes make us to improve the efficiency of dispute solution systems. Therefore, the civil systems of nations become simple. In order to reflect the efficiency bases on the justice, the exchange between countries is strengthened. The interim judgment was created in Germany, but it has been developed in other civil law countries.The interim judgment is a special kind in civil judgments. It has the authoritative and legal nature. In addition, its content is special and its validity is limited. So, the functions of the interim judgment are special. The interim judgment has proved that it has the function of confirmatory, manageability and readiness. These functions have achieved in extra-territorial judicial practice. Civil legal system in China does not provide interim judgment. But, the interim judgment will be a significant system in our country. Because it can increase the efficiency of litigation, protect the rights of parties, help to achieve the amicable settlement of the civil disputes and avoid sudden verdicts. At the same time, the theory of interim judgment overseas has matured and our current civil procedure system does not exclude the interim judgment, they are compatible. So, it is feasible to construct interim judgment in our country. Judging from the overseas legislation, the interim judgment consists of the object of judgment, trigger mechanism, validity and relief mechanism. Our country can learn from the experience of overseas legislation. But it should not be a simple duplicate, we must be combined with China's national conditions and study the interim judgment of overseas adequately.