Reseach On The System Of Supplementary And Correction Of Judgment

Judging from the current situation of judicature in our country,there are many flaws in referees.At present,the main remedies are appeal and retrial.However,in many aspects,such as the degree of defects,the interest of the trial courts and litigation costs,the one-size-fits-all approach is too absolute and too excessive general.Referee omission and obvious error Both in nature and in the protection of the interests of the parties,require an exception in the appeal and retrial of the remedy,so the article complements the judgment and the establishment of the correction system,the necessity,feasibility and urgency of the corresponding Discussion.In this paper,a total of 36,000 words,divided into four parts,with a view to resolving the judgment of the existence of the referee omission and obvious errors and other flaws,first introduced the status quo of our referee flaw instruments and the resulting negative results,elaborates the verdict Supplementary and corrective system to establish the reality.The first part briefly introduces the various types of flaws that appear in the judgments in our country at present,and then elaborates the two kinds of flaws,which are omissions and obvious mistakes of the referees,are of particularity and can not be applied to the procedure of appeals and retrials in the same way as other flaws.The second part introduces the relevant provisions of omissions and obvious mistakes in the civil law countries and regions such as Germany,Japan,Macao,China,Taiwan and other countries,and compares the similarities and differences between several representative countries in their specific settings.At the same time,it discusses the necessity of the supplement of the judgment and the establishment of the correction procedure.First of all,according to the existing regulations of our country,it discusses the problems in the two types of flaws,including the appeal system,the retrial procedure and the correction ruling.Secondly,from the existing regulations of our country,Arguing that the procedure of appellate retrial is not the most economical method to solve the second kind of flaw;finally,the errors in the verdict undermine the judicial authority and the supplementary correction procedure of establishing the judgment is to maintain the credibility of the referee.The third part discusses respectively the corresponding provisions of the supplementary judgment and the correction ruling,as well as the corresponding doctrine,including the scope of application,the relationship with the original judgment and other situations that are easily confused.With a case as a point of introduction,the supplementary judgment and the correction ruling are confused in some aspects,the different theories applicable to the two are discussed,and then the similarities and differences between the two are discussed.In the case of how to apply the two,it is easy to distinguish with the feeling,but in a special case,it will be mixed.Therefore,this article also elaborates on how to identify the two.In the forth part,I put forward the micro-structure of the supplement and correction of judgments in our country,put forward my own suggestion and the corresponding reasons.