Abstract Of Jurisprudence Basic And Content Of System Establishment Of Supplementary Judgment System

In the practice civil actions in our country, prudent problems caused by judges' subjective oversight often take place, leaving civil decisions unajudged which is supposed to be adjudged, hence parties' claims cannot be judged entirely. And with the rapid development of social economy, a growing number of problems in claims are becoming more serious,leading to damages of parities' legitimate interest and negative impacts on judicial authorities.Thus, current civil decisions' omissive rescuing procedures are unable to solve these problems, corresponding systems need to be put forward to rescue and thoroughly solve civil decision omissions.Currently, many countries have different regulations in regard to rescue of civil decisions,but legal contents differ greatly. As a law system country, China mainland is supposed to put forward to supplementary judgment system to solve civil decisions' omissive problems instead of rescuing them simply through appeals and reinvestigations. After all, issue of supplementary judgment system has been a great breakthrough topic in legal area, it customized a practical mechanism to tackle with civil decisions omissive problems according to separability of appeals and legal force of judgment in order to avoid the disadvantages existing in the judicial practice caused by sending the remand and retrial and solve the problems of the omission of the referee in the civil action with the most efficient procedure.Supplementary decision system of our country is still in the stage of the legislative blank,therefore, we need to combine with the specific needs of our judicial practice to draw on the experience of the foreign supplementary judgment system and develop a set of supplementary judgment system. In order to achieve this, we must adhere to the values of justice and efficiency which can be embodied in the design of specific procedures, whether it is from the concept of civil judgment omission definition, scope of application, trial level interests,subject to initiate, application deadline etc. aspects made to meet the provisions of the judicial process, in order to China's legal construction benefit.This paper consists of a total of about thirty-six thousand words and four parts.The first part described the present situation and analysis of the procedure of the omission of the referee in our country. It first defined the legislative status of the omissionrelief procedure then stated imperfection of procedure for omission of civil judgment. Then respectively analyzed defects of the existing relief program from two aspects of the entity and procedure. From the entity, the drawbacks of the current civil procedure of the relief procedure mainly include impacts on the substantive rights of the parties, litigation and other aspects. From the procedure, the existing civil relief procedures may affect the operation of the judicial process, reduce the efficiency of litigation, and endanger the judicial authority of our country. In the last part of this chapter, reasons for the existing problems of the existing civil procedures were analyzed for the following four points: First, the expansion of the discretion of the judge is the fundamental reason for the omission of the civil judgment.Second, the parties' rights consciousness is weak. Third, the role of public power is positioned negatively. Fourth, the omission procedure of civil judgment is not perfect.The second part is the legal basis of the supplementary judgment system.it analyzed the nature of the omission of the civil judgment from the legal principles, defined the relationships among the omission of the civil judgment, the defective judgment and the supplementary judgment. Then differentiated and analyzed supplementary judgment and corresponding theories, such as difference between supplementary judgment and partial request, difference between supplementary judgment and partial judgment, difference between supplementary judgment and invalid judgment. This part subsequently emphasized the significance of supplementary judgment from its value relations and objectives, aiming to reveal that justice and efficiency are the important factors in the design considerations of the supplementary decision system, and also the necessary result of the civil legal relationship.This part next affirmed the relation between supplementary judgment and unchangeableness of judgment, two part of the content of the time reference point of the judgment of the scope of the judgment of the supplementary judgment, the judgment of the supplementary judgment and the judgment of the supplementary judgment are mainly included. It finally analyzed the supplementary judgment system is in accordance with the theoretical value of the procedural law, which makes up for the deficiency of the appeal and retrial procedure to the omission of the civil judgment from the perspective of the litigation system.The third part is about investigations of supplementary judgment in overseas visual field.This part took Germany, Japan, Russia, France, Taiwan of China and China's mainland as an examples tointroduce corresponding regulations in different countries (regions) regarding to supplementary judgment. Then, it compared and evaluated the different legislative style of these countries and regions, and made analysis in terms of starting subject and application limitation of supplementary judgment to provide reference and support for our country to build up supplementary judgment system.The fourth part is conceptions of supplementary judgment of our country. It first put forward basic principles of procedures to establish supplementary judgment, then designed detailed systems in terms of specific procedures of supplementary judgment such as condition,scope, start-up, application duration, production way, referee body, procedure operation and litigation cost in order to perfect the establishment of supplementary judgment.