Research On The Interim Judgment System Of Civil Procedure Law

At present, our country is in the reform of the judicial system,the eighteen session of the third plenary session adopted the "decision of the Central Committee of the Communist Party of China on major issues concerning the comprehensively deepening the reform", has made the comprehensive deployment of deepening the reform of judicial system,with the reform,our country will have better justice infrastructure,better judicial system and the judicial personnel will be with better knowledge and skills.On the occasion of the judicial reform,to make the civil procedure law more justice and more efficient is the point of the thesis.On the premise of scarce judicial resources, with more and more civil cases raise and become more complex, how to coordinate the contradiction relationship between judicial justice and litigation efficiency has become a major problem inevitably.There are many prerequisite questions in these cases,how to handle these prerequisite questions will affect the subsequent procedure in justice and efficiency.Our country has no interim judgment system,in the judicial practice of our country, the judge and confirmation of prerequisite questions are often in final judgment as substantial reasons,this approach is too rough, it neither protects people’s procedure privilege nor improve the efficiency, and thus leads to a series of puzzles and logic errors. As an important system in civil law countries and regions, the interim judgment system is an effective solution for prerequisite question.The interim judgment system originated in Germany, and quickly adopted by the other civil law countries and regions,after verified by the history of more than 100 years, this system shows strong vitality, and plays an important role in the civil trial.In "litigation explosion" times, there is a big contradiction between scarcity of lawsuit resources and higher requirements of judicial justice,it has brought enormous challenge. As an important content of litigation command power of the judge, the interim judgment system strengthen the Authority of the judge, helps to balance the justice and efficiency of litigation by the judge’s professional ability, with improving the efficiency of lawsuit, promoting the judge show his mental impressions, preventing the rush to judgment and promoting reconciliation, to achieve maximum judicial income with low cost of judicial resources.Nowadays,China is deepening the judicial reform,the introduction of the interim judgment system to resolve the existing problems is very necessary.In this paper, there is more than 30000 words in a total, and it is divided into four chapters except the introduction and conclusion..The first chapter introduces the representative views of the relevant academic scholars, discusses the basic concept of prerequisite question and the interim Judgment, clear the relations between them, through analysis of the interim judgment,the final judgment,partial judgment and intermediate affirmative judgment, strengthen the understanding of the relevant system.And pointing out the solutions of prerequisite questions in China, as well as a series of difficulties.The second chapter investigates the law of the interim judgment system in continental legal system countries and regions,and introduce the object,starting mode,affection and relief methods.Though analyzing the same and the differences of the interim judgment system among the countries and regions,try to provide reference for the construction of the interim judgment system in our country.The third chapter analyzes the main legal basis and the essence of value of the interim judgment system,through the negation theories argument, determines the positive significance of the interim judgment system.At the same time, try to analyze the main reason of lacking the interim judgment system in China and find the problems of transferring the system to China.The forth chapter based on the actual situation in our country, analyzes the the necessity and feasibility to set up the interim judgment system, after that sure conclusion,references to the legislation of civil law countries and regions and modifies interim judgment system based on the differences,try to propose the object, starting mode,affection and relief methods to build the framework of the interim judgment system for our own country.