On The Part-Judgment In Our Civil

China’s newly revised Civil Procedure Law section153provides:"People’s Court case, some of the facts have been clear, in relation to part of the first judgment." But the provisions are too general principle, the concept on the part-judgment applicable conditions, effectiveness, and processing of the remaining part of the problem is not clarified, coupled with the lack of study of the theory of jurisprudence, resulting in the judicial practice on the part of the judgment, the Court rarely, so that in the discussion to modify the process of China’s Civil Procedure Law scholars, such judgment be vague and watered down. But can not ignore China’s Civil Procedure Law153provides part-judgment the value of the system, especially in the growing number of cases the Court today, the increasingly complex nature of the case, the parties of the court referees requirements are increasingly high background of some the in-depth study of the judgment system of great theoretical and practical significance. Of the procedural law textbook, however, in talking about the part-judgment, just focus on the referee complete theoretical system Incidentally introduced, did not explore some of the judgments of the jurisprudence in depth nor comprehensive interpretation of its role and practice how to the use of the operation, and academia, uncommon profound articles explore parse the part-judgment. Practice is the power and the source of the development of the theory, any theory of development, the originator of any system, can not be separated from the practice. Because the judicial practice seldom used part-judgment, it naturally does not occur, since the problem did not produce, the theory loses its object of study, a long time also lost the enthusiasm to explore. This article attempts to explain part-judgment theory, to recognize the value and significance of the part-judgment in the civil referees, thus Exploration build based on the judgment system in China is proposed to improve the basic path of our part-judgment system to provide the value of civil procedure legislation Reference.The body is divided into four chapters:The first, part-judgment system theory outlined. First of all, the author analyzes the concept of representation of our country and the civil law countries and regions on the part-judgment, defined the concept of a part-judgment. Second, combining the basic theory of China’s Civil Procedure Law, the applicable conditions on the part-judgment, in-depth analysis of the effectiveness of the part-judgment. Finally, it is pointed out that the function of the value of the part-judgment system.The second, part-judgment system and related systems. Purely from an academic analysis, part-judgment and interlocutory judgment, the referee lacuna, part of the request, etc. there are many contact with origins in practical operation easily reduced to a violation of the flaws in the current proceedings legislation referee, are to some extent on the part-judgment have a negative impact. Therefore, the author from the theoretical and practical judgment on the part of the judgment with the middle, the supplementary judgment and a request for the judgment to be distinguished. Reparability and independence of the claim or subject matter of litigation in the one of the applicable conditions of the part of the judgment system Independence means that the courts and the judges of the party’s proposition is a number, its close links with the Joinder. Therefore, I combine the Joinder theory, be further explored, the clear part-judgment the scope of the system.The third, the status quo of our part-judgment system. China is a civil law country, but by the political, cultural, and other factors affecting the litigation system is unique, unlike Germany, Japan and other countries. A simple micro-system technology, more should be based on the reality of our part-judgment system analysis studies treat part-judgment. I use empirical research method is retrieved from the Westlaw database to147copies for153of the Civil Procedure Law of the verdict, the type of analysis explores the problems in our judgment system.The fourth, the perfection of the system of our part-judgment. Based on China’s specific national conditions, to analyze the feasibility of the perfect part-judgment system, from the part-judgment of the applicable conditions, start-up mode, the part-judgment of the appeal and of the four parts of the rest of the processing to make recommendations to the perfect system for our civil part-judgment reference path.