Study On The Judgments Of Simultaneous Performance

The defense right of simultaneous performance as a substantive right of the parties to the contract is not the first of its kind in China.It is an “imported product”.It was formally established in the “Contract Law” of China in 1999,and it is a key component of the defense right system in the performance of the contract.Fully understanding and applying this system will not only help the two parties to properly and fully perform their contracts,protect the legitimate rights and interests of both parties,but also,in terms of the people's courts,correctly handle similar cases,maintain the order of transactions,and ensure social fairness.The purpose of the defense right of simultaneous performance is to supervise the parties to the contract to perform their obligations in accordance with the agreement.The "Contract Law" as a civil substantive law,although it stipulates the right to simultaneously perform the right of defense,there is no relevant provision corresponding to the procedural law,which limits the system's proper function.At the same time,the execution of the judgment is a perfection of the system for the simultaneous performance of defense rights.In the judicial practice,one of the parties sue and the other claims the simultaneous right to defend.The court has decided how to judge the establishment of the right to defense.China has not stipulated yet.The practice of the court is also not the same.It is actually a major omission in the exercise of the right to defense.In this context,the author summarizes the views of domestic scholars,and explores the rationality of simultaneous execution of judgments in China's current legal context from the perspective of domestic scholars,and learns from the experience of countries that have matured this approach,such as Germany and Japan.Such as,to be demonstrated,and then put forward the specific legislative proposals and procedural structure of this method of judgment applied in China's practice,to achieve a better convergence of theory and practice.This article is divided into three parts.The first chapter summarizes the judgments that are performed at the same time.The purpose is to elicit judgments that are performed at the same time.From the perspective of its applicable basis,the rightto defense is simultaneously implemented,and the effect of the procedural law is rethought.In the form of a case,the simultaneous execution of the judgment is elicited.By comparative evaluation,this judgment method is superior to other referee methods.The second chapter undertakes the above,introduces the domestic academic community's view of simultaneous execution of judgments,and combines foreign legislative practice in this area,using civil and civil law related knowledge to analyze the rationality of the simultaneous execution of this judgment.It lays the foundation for its application in our country.The third chapter discusses the application of the simultaneous execution of judgments in our country's practice.Combined with the legal environment of our country,it mainly starts from two aspects of legislative advice and procedural construction.It includes the party ' s claims,the right to interpret judges,the burden of proof,and the enforcement of judgments.Generally speaking,this article hopes to pass legislation,combine litigation practice,and standardize simultaneous execution of judgments to achieve a good interaction between substantive law and procedural law,and promote the common development of the two.