Discussion On The Significance Of The Elements Fact Theory For The Reform Of The Paper Of Civil Judgment

The definition of the elements fact widely recognized in the academic world is that: the specific fact that is corresponding to the constituent element of the legal requirement necessary for the occurrence of a certain legal effect(the occurrence, hindering, destroy, prevention of right).The feature of this definition lies in that it tries to comply with the understanding of law methodology for the relationship between legal requirement and constituent elements, namely that if the cases need to achieve a specific legal effect, it must have all the elements and characteristics as well as the corresponding specific facts. The elements fact theory also is based on the proof burden theory and persuasion burden theory, and is an instructional method running through the civil trial. Thus it not only occupies an irreplaceable position in the civil proceedings, but also must be written down in written judgment so as to show the fairness and transparency of the laws.The elements fact education derived from Japan content mainly includes education of law, civil law, the attack defense system of the parties involved and the judicial rules for judges and other theories. Its most important training platform is making written judgment( "case" guidance education), which has provided practical and theoretical basis for China to draw lessons from this kind of system to solve the problems in civil judgments. The judge makes the judgment to determine the existence of the rights in issue at the end of the oral argument of the second instance trial of fact and to realize the above goal, the judge will be bound to determine the existence of various elements facts leading to legal effects. In other words, to accurately and efficiently make a judgment on the case, it is necessary to correctly grasp the elements facts in the case. Thus importance of elements fact theory for the civil judgment is self-evident. As some scholars said "the elements facts play an essential role in the judgment of the civil lawsuit."This paper is divided into four parts to expound the significance of the elements fact theory for the civil judgments.The first chapter briefly introduces the the theoretical basis of the elements fact theory mainly from the concept, characteristics and legal basis and at the same time it also initially reveals the relationship between elements fact theory and civil judgments, thus laying a foundation for the later specific elaboration of the operation mechanism of elements fact theory.The second chapter mainly elaborates the present situation of Chinese civil judgments and analyzes the reason. It mainly analyzes from the theoretical requirement of the litigation system for civil judgments, the problems existing in judgments and the causes of the problems. On the one hand, it reveals the focus problems in civil judgments that has long been discussed. On the other hand, it also directly expounds the urgency and necessity of the reform of civil judgments, thus providing a strong support for the introduction of the elements fact theory.The third chapter mainly discusses the significance of the elements fact theory for the civil judgment reform. It successively expounds the research starting point of the connection between them, the significance of applying the elements fact theory to the civil judgment, the specific operation mechanism of the elements fact theory in civil judgments. Based on the above introduction step by step, the chapter comprehensively shows the necessity and feasibility of applying the elements fact theory to the reform of civil judgments. And at the same, centered on the constitution of the civil judgment, the chapter also carries out all-round analysis of the feasibility of their interaction.The conclusion part aims at expressing the two meanings. One is to summarize the difficulties in applying the elements fact theory to the reform of civil judgments The other is to express the reasonable expectation for applying the elements fact theory to the civil judgment activities and civil judgments. In this way, the paper hopes to change the dilemma situation of the elements fact theory in current theoretical circle.This article is composed of the above four parts with layer by layer structure. It has completed the whole process of discussing the significance of the elements fact theory in the reform of the civil judgments reform, and provides scientific guidance method for using the elements fact theory to make judgment and written judgment in the judicial practice. Thus it has stronger practical instruction value.