On The Supervision Of Judicial Power In Civil Action Act

Rules of civil procedure law of the jurisdiction refers to the civil procedure law provisions about exercise jurisdiction in the command, and allow a specification and prohibited. Based on the research of the jurisdiction in civil procedure rules can be proved the running status of civil jurisdiction and determine whether reasonable, whether the power to run properly. At the same time the introduction of the concept of "procedural" combination of civil trial running are analyzed. Procedural is a legal process shall be the extent to which performance for a program, or show the program characteristics of how much and how strong.In sorting out the civil procedure law in view of the judicial power of the number of authorized expression and compulsory expression, and calculate the expression of the civil procedure law compulsory general expression for judicial power and authorization of expression, and the data and the revision of the civil procedure law in 2007 shows that, once again the revised civil jurisdiction power weakened slightly, its power to run more respect the disciplinary right of the parties. At the same time the data compared with the same data in criminal procedure law, the civil case in court found that the judicial power compared with trial run more freedom in criminal proceedings, but also more respect the parties rights. Then compared with the related data of the civil procedure law in Taiwan, peep the jurisdiction rules of civil procedure law in Taiwan more meticulous and careful than mainland China civil procedure law, more respect for judicial power at the same time. The judge in the civil litigation jurisdiction has more and more moderate more and more respect for the trend of the litigation right.Trial run of programmatic needs within a moderate range, in order to moderate should give full consideration to the rule of law in our country tradition and judge the quality, at the same time because of the particularity of civil action to safeguard the adjudicative have some free space, the civil procedure law of the jurisdiction rules to limit both arbitrary, nor damage to the discretion of the judge.