Study On The Identification And Measures Of Civil Judgment Omissions

Civil referee missed a civil action in a non-normal. Entity referee missed happen in a civil lawsuit requesting party will not lead to the referee, and have an impact on the civil authority and impartiality of the trial, does not conform to appeal sentence consistent with the general principles of litigation. Procedural omission or technical matters will result in civil referee referees are not standardized, they may even affect the real content. Therefore, we must take seriously the referee Civil omissions.Chinese scholars for omissions civil jurisdiction has been some research, the concept of civil and strategies to solve the referee missed, but on the Solutions not formed a complete system, some specific measures are not in line with China’s judicial practice. The author in a careful analysis of the current research status of civil judge on the basis of the omission, divided into the following sections of this issue has been explored:The first part provides an overview of the current definition of Chinese scholars on the concept of a civil judge omissions and deficiencies in the analysis of the current definition is proposed based on the author’s point of view, and then describes the Civil Judgment missing features. Next, the author of the referee missed the civil nature and classification were discussed.The second part discusses the issue of civil judge found missing. First, the referee missed the civil judge refused and related issues such as referees, the parties missing part of the judgment as well as the relationship between the claims were analyzed. Then describes specific ways civil judge finds missing.The third part examines the civil jurisdiction of the domestic and international situation omissions Solutions. By analyzing the specific situation in Germany and France, the Civil Procedure Law of Civil Judgment and omissions of the civil provisions of the referee missed solve the problem, the authors propose in China should learn from foreign experience, based on the combination of China’s judicial practice, according to the civil jurisdiction of different missing establish mechanisms to resolve the situation different.The fourth part is proposed to solve the problem of China’s civil referee missed specific countermeasures. First, from a macro level proposed measures to prevent the occurrence of missing civil jurisdiction, second from the micro-level civil judge proposed to solve the problem of missing specific measures that take effect in accordance with the civil judge, whether materially affect the substantive rights of the parties and adopt different solutions.