Research On Intermediate Confirm Judgment Of Civil Prosecution

Intermediate confirm judgment refers to the judgment made by the court based on the request of the parties the prerequisite of legal relationship or the basic rights of the existence of disputes and the fact that the verdict before the final judgment is made.The establishment of the intermediate judgment system is to protect the litigant's right to exercise,to improve the quality of the trial and to promote the parties to resolve disputes.Unfortunately,China's legislation for intermediate confirm judgment is still in the blank,the theory of its research is also very little,so that the current judicial practice in China to the preliminary problem to determine a way to produce a lot of problems.The author from the analysis of theoretical basis of intermediate confirmation judgment system of comparing with foreign related system establishment,put forward China's legislative proposals intermediate confirm judgment system,to attempt to provide a reasonable solution to the preliminary problem appear in civil litigation.In addition to the introduction and conclusion,there are four chapters in this thesis,which are closely related to the subject of the civil judgment systemPreface :Overview of the system of civil litigation confirmation in the middle of the trial,to explain the writing background of this article.Chapter one: Analysis of the basic theory of the intermediate judgment system and the relevant legislation.The content involves the concept of intermediate judgment and its limits,nature,theoretical basis and the relevant legislation in Germany,Japan,Taiwan,china.Chapter two: Analysis of the practice of the system of civil confirmation in the middle of china.Based on the analysis of China's current judgment on the middle point of contention the lack of legislation on the way to determine the intermediate point of contention leads to China's practice,revealing the flaws in the judgment way of analysis,and our country is lack of intermediate confirmation judgment system causes.Chapter three: The necessity of establishing the system of civil intermediate confirmation.This paper expounds the necessity of establishing the system of intermediate judgment in our country from three aspects: the rules of the intermediate contention,the special value of the intermediate confirmation system and the significance of the reform of the judicial mode.Chapter four: The concrete conception of constructing the system of civil intermediate confirmation in our country.This chapter discusses from four aspects,first carry on the localization to the intermediate confirmation judgment object,followed by the specific procedure of civil judgment of the intermediate confirmation,then investigate the intermediate confirmation judgment effect and the relief,and finally put forward legislative proposals to improve the relevant supporting measures.Conclusion: Brief summary this paper discusses the content and points out the deficiency of this article.