On The Legislative Perfection Of Civil Procedure Finality System In China

Civil procedure finality means:in the process of civil procedure,because of the legal special circumstance appearing,lead to that legal procesedings is unable to continue or no need to continue.The court don’t judge the cass any more and conclude the procedure by ruling civil procedure finality.Civil procedure finality system works out the issue of where to go and when the legal procesedings is unable to continue in special circumstance.Our country academic circles elaborate civil procedure finality system basically in teching material,and the contents are all belong to the nature of the elaboration of the connotation and the interpretation of the law.Our country academic circles are lack of the study of the system.Therefore,they are failed to attract the attentions of legislative branch to improve the system.The negligence led that the system did not be made any revision since 1991.In fact,the existing provisions of civil procedure finality System have some important oversights and problems.The existing provisions are worth to rethink and explore.Such as:the legal reasons of civil procedure finality system isn’t rigorous,and it’s easy to produce ambiguity;the existing provisions of civil procedure finality system were enumerated inconsiderately;the efficacy of civil procedure finality system isn’t explicit;the error correction routine of civil procedure finality system is absent.etc.This article combined with specific cases,by consummating the legal reasons of civil procedure finality system,building the rules of procedure of procedure finality ruling,adding the efficacy specification and remedy procedure of procedure finality ruling,the author hopes that this article will be helpful to the legislative improvement of this institution.