The Study On Passing Judgments In Court In Civil Litigation

Pronouncing a judgment,as a terminus of civil judicial activities in a level of trial,records the trial and the expectation of the two parties.Passing a judgment in court means that a case,which has been tried completely at a time,or even if there are several trials,the last trial should include substantial contents of a court trial,not only just a pronouncing procedure,then the court announce the judgment of the case to the parties,other litigant participant and the crowd in the court.The author considers that with the improvement of our judicial environment,our country already has the condition to carry out “passing judgments in court” roundly.We should realize the vital function of “passing judgments in court” before we start to discuss and research it in the big background of judicial reform.The first part of the thesis is introduction,which discussed the background of the subject and the significance of researching.This part combined the domestic and foreign relevant research status,which can help to analyze the current research of “passing judgments in court” and determine the research direction and key points.At the same time,this part summarized the innovation parts and deficiency of the thesis.The second part of the thesis is summary.In the first place,the concept of “passing judgments in court” was defined.On the basis of that,the author introduced the characteristics of “passing judgments in court”,which contains time,place,modality demand and so on.Finally,the thesis placed the key point on the comparison of “passing judgments in court” and “passing judgments after court” and analyzed the disadvantages of “passing judgments after court”.The third part of the thesis mainly expounded the necessity and legitimacy of “passing judgments in court”,which includes two parts,theoretical basis and system function.The former was composed by philosophical basics,historical foundation and legal basis.The latter mainly analyzed the realistic value in judicial practice of “passing judgments in court”.The fourth part of the thesis is the feasibility analysis of “passing judgments in court”,which was established on the basis of current situation of legislation and judicial actuality.This part introduced the reasons why “passing judgments in court” was hard to realize in the past and breakthrough we have had.Of course,there are still some shortages in our legal system which can be barriers but they are all resolvable.The last part of the thesis is the perfection of “passing judgments in court”.Although the institution is feasible,to the availability and long-term development,we could still improve it from more details.On the foundation of the investigation of the alien constitutions,the thesis established three parts to perfect the system,they are confirming the principle of “passing judgments in court”,stipulating “passing judgments after court” and some measures on matched constitutions.The author expects that there measures can be useful to the system of “passing judgments in court”.