Research On The System Of Civil Judicial Cognition

Civil judicial cognition is an important evidence rule,by the judge's active intervention,while ensuring fair trial and the case facts,achieve to save the resources,to enhance the efficiency of the litigation procedure.The cognizance of civil judicature refers to the direct confirmation of certain facts and laws by the court in the process of litigation,without the need of proof by the parties.Civil judicial cognition as a kind of special evidence rules,is only the subject has the jurisdiction of a judge,the fact of the object is limited to its objectivity and public intellectual and shall be applicable laws,the judge in the process of judicial notice must strictly fulfill the inform obligation,the cognitive process in front of the cognitive and demonstrative obligation,respect and protect the rights of the parties objection and appeal rights.According to the research on the civil judicial certification system,the British and American legal system countries are more mature,both in the legislation and in the academic research,they have achieved a great development.The civil law system is different from that,which is very different in theory and legislation.In the Anglo-American legal system,first,the object of judicial cognition is determined as fact and law;Second,in the form of legislation to the fact that conditions are clear: it is well known,can at any time with the aid of certain means to make a rapid,accurate confirm facts,and the rationality of the means are not subject to any reasonable doubt.Thirdly,the judicial cognitive process should be clearly defined,including a set of procedural rules such as starting,precognition,instruction of cognitive process,litigant's right of retort and right of appeal.The state of civil law system has the characteristics of principle and generality.In law of object of judicial notice fact judgment standard to define,also not to take the law into the cognitive category,more the lack of regulations on cognitive process,have a lot of discretion of the judge.In our current law to the concept of "civil judicial notice" provisions have been made,but it defines "from that fact," contains "known facts" and "law of nature and the theorem",in essence can be identified as civil judicial cognition.Therefore,our country current law,though not to clear the concept of "civil judicial cognition",but can take judicial notice of facts and from the facts prove that the same,in addition,the definition of civil judicial cognition facts object standards do not make,also not clearlaw as the object of judicial notice category,lack of procedure to law officials have much discretion.The lack of legislation,causing confusion in the judicial cognition practice,case justice not guaranteed,unable to effectively improve litigation efficiency,citizens' legitimate rights and interests can not get the timely and effective maintenance,even will damage the citizens' legal rights and interests.Therefore,it is necessary to strengthen the research on the civil judicial cognition system,through the improvement of legislation,so that the judicial system can be effectively improved to ensure the inner value of the judicial cognitive system.Improve the system of civil judicial cognition,first needs to determine the guiding principle of civil judicial cognition,including the statutory principle,start in the procedure of judicial cognition,late in the process of investigation,the results make and appeals,must be carried out in accordance with the law;The "braking" principle of the key facts,using the evidence rule to carry out the proof and the quality certificate activity to the key facts,make a review of its authenticity,and ensure the correct identification of the facts of the case;Cognitive facts against the inspection principle,which gives the counter right,make the parties have access to information and provide the relevant evidence retort to cognitive opportunities,to defend their legitimate rights and interests.Secondly,specify the object scope of the judicial cognition,the facts and the law can be as the objects of judicial notice category,the facts object defined standards to meet the objective and intellectual,beyond a reasonable conditions of disputes legal object can include domestic law,international law and the specific conditions of the foreign law;Thirdly,the judicial cognitive process should be improved,including the initiation,the precognition,the interpretation of the cognitive process and the result,the right of dissent and the right of appeal.It is necessary to use the academic research and legislative content of common law countries to perfect the development practice of judicial cognition in our country.In addition,in the process of judicial notice at the discretion of the judge is bigger,in order to avoid the abuse of judge and deal with clear responsibilities of judges in the judicial cognition,practice the judicial cognition judge responsibility system and the judicial system of cognitive reasons things out the written judgment.