The Construction Of Judicial Cognitive Rule

The judicial cognition has not been established as the complete system in theour country, not stipulate the concept, object, the substantive and proceduralprovisions, only a simple judicial interpretation. While the corresponding in thecontinental law system and Anglo American law countries, judicial cognition has itsimportant status,this judicial cognitive rule and our ignorance in sharp contrast.China’s social and economic development, along with the rapid growth of litigation,the judicial resources are very nervous. This requires us to improve the proceduralrules, from the legislation to optimize the use of resources. One of the rules of judicialcognition as the procedural law is very important, have been successfully applied inAnglo American law system and continental law countries.Because the judicial cognition mainly introduced from abroad, so the judicialcognitive rule requires the establishment of a complete system, which consists of aseries of problems that need to be clear concept, nature, object and other conceptcontrast etc.. This need and our judicial tradition, is not simple handling, need tochange according to the situation of our country. Based on this, this paper attempts tostart from the basic concept, in order to put forward the question, solving problems asthe main line, put forward in our country’s present situation, how to construct thejudicial cognition system problems.