On The Relief Of Civil Referee Defects

Civil disputes are more common in many social disputes. The subject of disputes taken to court,hoping to get a fair and reasonable solution to their dispute. The mission of judge is not just a workerresolving problem mechanically, but counting on the spirit of legislation, referencing to the law creatively,maintaining fairness and justice by means of judicatory judgment. So the judge heavily relies on hispractice, experiment, knowledge and technique to make a decision. Besides the guarantee of procedure, inlitigant’s opinion, a judicial adjudicative document is the law, which not only bears judicial justice, but alsoreflects the country’s judicial system and legal culture, in fact. Through an excellent document, both side ofthe litigant could figure out the relevant juridical logic, which contributes to the end of civil disputes intime. As further reform is in progress, especially the trial mode, the public are more aware of theimportance of judicial document. Meantime, the document is also a crucial standard to check a judge’squality and professional ability. However, because of some casual factors, we can’t avoid the flaws duringthe civil judgment.Firstly to make a explanation of the meaning of the civil referee defective. Combination of differentscholars on the definition of civil referee defective, will be divided into five manifestations. That is,technical defects, fact flaws, defects under applicable law, Magistrates missing defects and flaws petita. Thedefective type of analysis helps us to explore better means of relief.The Civil Procedure Law revised in the treatment of the defect relief does not have big breakthrough.Defects can be seen from the provisions of the legislation of the many drawbacks of relief, these defectsmay lead to judicial injustice.Unfair Magistrates will damage the expectations of the people in the judicialsystem and access to justice enthusiasm, bringing the judicial crisis of confidence, not only can not resolveconflicts and disputes, and will exacerbate social disorder chaos and affect social stability.The legislativeprovisions imperfect lead to different practices around the practice court. Some courts in order to avoid thewrong case accountability, directly face the defective judgment to recover the original decision to changeagain. Many judges believe that as long as the result is fair, the procedure whether right or wrong does notmatter, and lead to a large number of any violation of the rights of the parties to litigation in theproceedings. So, for civil Magistrates defects relief system has important theoretical and practical significance.Civil Magistrates defects relief system is relatively developed in Civil law countries.Be a relief fordifferent types of defects, States have the corresponding program. Relief procedure in the start the main,program review of the way and the legal effect of the legislation. In China to vigorously promote theconstruction of the rule of law must be held with an open mind, to fully absorb all the useful experience ofthe advanced countries, to improve its lack of defects relief procedure. Focuses on China’s Magistratesdefects relief system from the determination of the revision procedure and supplementary judgmentprocedure to improve. From the scope of the procedure, the aspects of the program’s start-up and operationof the defects relief procedure interface with other programs.