On The Theory Of Judgments Correction

Justice is the last line of defense to maintain social fairness and Justice，while the courtsby exercising the power of jurisdiction to resolve disputes, to quell conflicts, restore order.However, the results of trial are not always perfect，the decisions of courts will have allkinds of errors. Therefore, almost all of the nations establish a variety of ways to remedy the"wrong" decision, such as the correction of judgments，which is one of the ways mentioned.In one sense, the correction of judgments is an integral part of the civil procedural system，Butthe provisions of judgments correction in our county are too careless, the application ofjudgments correction in judicial practice is more confusing. In view of this, this paper byanalyzing and comparing the mature theory of judgments correction outside, summed up theinadequacies of judgments correction in our county, and on this basis put forward its ownsuggestions for improvement.This paper is divided into four parts，the main contents are as follows:The first part reveals the bases and content of judgments correction. This section firstdiscusses the three reasons various countries have established this system for judgmentscorrection: program equivalence，program efficiency and judicial authority. On this basis, thissection clarifies the meaning of judgments correction, and proposes that clerical error shouldbe replaced by clearly errors.The second part explains the elements of judgments correction. If the court wants tocorrect the judgments, it must comply with the elements of judgments correction. On onehand, the judgments must have wrongly–written errors, miscalculation and other similarobviously errors，which is the active elements of judgments correction. On the other hand，theresults of judgment correction can not change the original judgment of substance, which is thenegative elements of judgments correction. In addition, this part especially discusses fourkinds of controversial obviously wrong form, and presents my own views，whether clearlyerrors is limited to the fault of the court or not.The third section discusses the procedures of judgments correction. This section includesfiver parts: the start of judgments correction，the subject of judgments correction，the trial andreferee of judgments correction and the effects of judgments correction. The start of judgments correction includes which subjects have rights to initiate this system，the subjectswho have initiating right should used what manners to start it，and whether or not the startingtime should be limited. The subject of judgments correction explains whether the correctingpower is an exclusive power of the original judge or court. The trial and referee of judgmentscorrection mainly discusses whether words debate or evidence in the investigation isallowed，when the court is trying one correcting application，and whether one can put forwardan appeal to the results of judgments correction. The effects of judgments correction mainlydiscusses the relationship between the correct decision and the original judgment，and come toa conclusion that the correct decision is one part of the original judgment，determines is effectretroactive to the time of the original judgment.The forth section discusses the deficiencies and advancement of China’s judgmentscorrection. Compared to the mature theory of judgments correction outside， China’slegislation is too crude，and there are four specific performances: the subjects who havestarting right to initiate judgments correction is not clear；the parties lack remedies to thecorrected judgments；the omission of the legal costs is put into judgments correction；thescope of judgments correction is also not clear.Response to the four deficiencies above， this paper puts forward correspondingsuggestions for improvement. First，both the parties and the court have the starting right.Second，the right to appeal a corrected judgment should be given to the parties. Third，theomission of the legal costs should be excluded from judgments correction. Fourth，the civilruling and civil mediation made by courts can be applied with reference to judgmentscorrection.