Research On The System Of Partial Judgment Of Civil Procedure In Our Country

The Partial judgment of the court is a part of the subject of litigation of the parties concerned or a part of the subject matter of litigation,the trial reached the extent of the referee and make a final decision.It is an important part of the judgment system of civil action,Embodies the obligation to clear and clear evidence of litigation rights separability in complex cases in part,Meet the court and the parties to jointly promote the proceedings in the pursuit of their own,Thus,it solves the problem of the repetition of the litigation procedure and the slow progress of the litigation process.With Germany,Japan as the typical continental law system countries and regions have a relatively complete legal provisions on the part of the judgment system,And formed a set of more complete application of standardized operation.but the principle provision of the part of the judgment system in the Civil Procedure Law in our country,In the judicial practice,the judge is full of confusion when applying the clause,Prone to deviation in understanding,and there are various kinds of non unified,non-standard application paradigm,Instead,the parties concerned should not be dissatisfied with the application of the provision,only increased trial pressure,and the establishment of the system from the original intention.And some of the judges are more cautious when applying the provisions,Avoid some of the judgment and try to apply all the way to solve the problem of separation of the subject matter,resulting in the delay of the part of the judgment,and even further damage the legitimate rights and interests of the parties.Therefore,legislators should see some of the judgment in the process of the advantages of technology,but also to see the existence of China’s civil part of the judgment of the legislative defects,In the reform of our country’s trial mode,draw lessons from the reasonable provisions of the civil law countries and regional Procedures Legislation and combined with our country’s judicial practice,to further improve China’s civil litigation system.The structure and main contents of this paper are summarized as follows:The part of instruction,from the purpose of setting up the system of civil action,In combination with the development of trial practice,the court and the parties in the pursuit of litigation efficiency,It is concluded that some judgments are resolved in a timely manner in the civil dispute,and the value and practical significance of relieving the pressure of court trial are obtained,And pointed out that China’s civil part of the judgment of the existence oflegislative defects,this article on this system,which will be carried out a systematic study in the paper.In the first part,an overview of the connotation and extension of some judgments,Including the definition of the concept of part of the decision,and the relationship between the concept of the relationship and the value of the three aspects of the analysis.First of all,according to the content of the direction of the referee is different,divided into four ways: the command,the decision,the order and the decision.There are different classifications according to different standards,From the different understanding of the scholars and legislative norms,the concept of the part of the judgment is summed up,and its typical characteristics are summarized;Secondly,because there are many different types of judgments,In the theory and judicial practice,it is easy to confuse,it is necessary to distinguish the concept of some judgment and other relevant judgments;Finally,from three aspects of the litigation efficiency,the legal rights and interests of the parties and the stability of the legal order to fully demonstrate the value and legitimacy of the part of the decision.The second part is the research on the application of partial judgment.For Partial decision in four aspects,including the scope of application,conditions,effectiveness and relief procedures.The content of the legal relationship embodied in the subject matter of litigation in the scope of application;The relative independence of the object of action,for which can reach the level of judgment in the application of the conditions;It is separated from the whole litigation system and has the effect of finality in the application of the effectiveness;It is not satisfied with the partial judgment itself and appeal to the wrong partial judgment in the procedure of relief.The third part is to determine the scope of res judicata of the partial judgment and to solve the remaining part of the trial procedure.It is controversial in the scope of res judicata of the partial judgment,we are mainly discussed from three aspects,including the scope of objective,subjective and time.It is also an important to solve the remaining part of the court in the trial level.Including to solve the remaining part in the statutory jurisdiction limit and analysis on how to deal with such problems as the judge’s extension of trial or the judge refused to judge.The fourth part is the analysis of the defects in the legislation of our country’s partial judgment.Some of the core issues of part – judgment is that the object is not clear in the legislative technology,more problems are the lack of necessary procedural rules and instructions in the legislative or judicial interpretation,which leads to the confusion of the application of some judgment in the judicial practice.Embodied in five aspects: it is unknown in Applicable scope and condition;An Inadequate protection in procedural rights of the parties;It is unclear in the boundary of the exercise of the judge’s power and duty;The lack of clear and specific provisions of the parties relief procedures;The remaining part of the solution does not have a unified operational norms.The fifth part is the legislative proposal,which aims to perfect our country’s partial judgment system in civil procedure.Combined with the problems in judicial practice.Through the analysis of the defects of the civil part of the judgment system of our country,this part puts forward five suggestions on the legislation: we must be clear in the scope of application and conditions,in case of improper use of the system to prevent unnecessary litigation burden;To endow the parties with the right of decision in the system of litigation rights protection,in favor of urging the judge to make a partial decision as soon as possible and prevent the rejection of the decision;it is also need to clarify the responsibilities of judges in the judicial power and the right of interpretation in partial judgment,it should make clear the jurisdiction of the judge and the parties to make some decisions in the collaborative work and explain the obligations to the parties.We should be clear in the legislation that the parties may appeal to the judgment of the independent part in the trial periods,or Put forward the right of retrial after the res;We also should be clear that the trial court continue the trial or suspend the trial and then make a supplementary judgment.Ultimately the judgment to end the lawsuit.