The Research On Supplementary Judgment

Referee lacuna civil referee in the very state phenomenon, but there will inevitablybe, and involved many. The complexity of this issue is mainly reflected in how torelief the referee missing. The face of a number of claims raised by the parties, how toreferee the parties claim, the judge may report the drafting of the conclusion of thereport or verdict, forced by the pressure of the clearance rate, intentionally orunintentionally, the demand in accordance with their own easy to close the case maybe. Supplementary judgment to strengthen the respect for the Court requested theparties to litigation, to appear in practice, judges arbitrarily mutilated, distorted andomitted the request of parties to litigation in the civil litigation system in China to setup the system, in order to achieve the prevention and relief of the referee lacunaphenomenon.Supplementary judgment is the passage of the civil law countries and regions to bethe referee lacuna relief solution for the referee lacuna phenomenon, the current civillaw and judicial interpretation provides for relief through the appeal and retrialprocedures, but the special requirements of the decision of the referee missing is arational way of appeal and retrial is not its relief, and there are inevitable practical andtheoretical shortcomings and deficiencies. In view of this paper to discuss thesupplementary judgment of the basic theory, operation development, value orientation,as well as extra-territorial legislative system, conducted a systematic review of thesupplementary judgment system. Then proposed to build the supplementary judgmentsystem in China, in order to be beneficial to China’s legislative and judicial.A total of about thirty thousand words, divided into five sections. The preamble thereferee lacuna of the realities and the lacuna of the current relief referee raised thepractical significance of the research and supplementary judgment system.The first part of the decision system to supplement the basic theory. This sectionfirst defines the basic meaning of the Magistrates’ lacuna, clear referee lacuna conceptand identify the standards, identify areas of the referee lacuna of a civil judgmentdefective, and to explore the occurrence of the defects of the reasons of judgments incivil; then defines the connotation of the supplementary judgment and analysiscomplement the legal basis of the judgment system; supplementary judgmentprocedure with correction of judgments in civil defects other systems were analyzed and compared.The second part is a supplementary judgment in the extra-territorial vision system.This section first describes the civil law countries and regions of Germany and Japanas the representative of the supplementary judgment system of legislation;subsequently were compared in the Analysis of the different of these countries andregions supplementary judgment system, legislative system, the Supplementary startthe main body of the judgment and the time limit for application of the supplementaryjudgment system to provide a reference and support for our build.Part Ⅲfocuses on research and investigate the request of the supplementaryjudgment system with some quasi-not part of the request and the theory of res judicata,in particular, is clearly complementary judgment systems and part of the judgment,part of the judgment system provides the legislative basis for the supplementaryjudgment system and practices, and improve the part of the judgment system set up tocomplement the judgment of the system is of great significance to China.The fourth part is the reality and the theoretical basis for the establishment ofsupplementary judgment in the Chinese context. The part of the first analysis of thebasic status of China’s relief referee lacuna, analysis of the shortcomings of existingrelief; reveal the theoretical basis for the establishment of a supplementary judgmentsystem as part of the judgment system of recognition and settings in China.The fifth part of the establishment of part of the judgment for our specific ideas.The part of micro idea first proposed the establishment of procedures forsupplementary judgment system; then pointed out that the corrections system and partof the judgment of well-functioning civil judgment defective system in order toeffectively meet the supplementary judgment to run the macro ideas.