Research On The System Of Partial Judgement In The Civil Litigation

Partial judgement refers to the fact that when the court hears the case,one of the independent objects of litigation or one of several separable parts of a single object of litigation filed by the plaintiff in the same lawsuit precedes the judgement of the remaining objects of litigation.Partial judgement can simplify the trial of the case,expedite the proceedings and enable the litigants to obtain early relief.In the theory of procedural law in other civil law countries and regions,the research on partial judgement has been relatively mature,and it is relatively perfect in legislation.The trial practice is also basically consistent on understanding of this issue.In the judicial trial practice in China,regarding the attitudes and handling of partial judgement,the cognition of different courts and judges is not consistent and even shows a great deal of randomness.The arbitrariness of this issue is mainly due to the imperfection of litigation mechanism,the provisions of our civil litigation are quite general,and theoretical research is really weak.Therefore,it is necessary to conduct a comprehensive and systematic study of partial judgement in civil lawsuits,and on the basis of examining and summarizing the problems existing in trials,draw lessons from relevant legislation in other countries and regions,in order to promote the partial judgement system in China's procedure law.This article takes the concept of partial judgement as an entry point,and analyzes various problems that are exposed in legislation and practice of the partial judgement system in our civil lawsuits.In order to draw lessons from extraterritorial experience and propose useful suggestions and measures on improving the rules of procedure.The full text is divided into four chapters:Chapter ? the summary of the system of partial judgement in the civil litigation.This chapter takes the meaning of partial judgement as an entry point,places it under the civil judgement system for research,and clarifies its differences with interlocutory judgement,intermediate confirmation judgement,partial request judgement,and supplementary judgement,so as to break the confusion of the above concepts,and then explore the value of partial judgement.Chapter ? the investigation on the system of partial judgement in extraterritorial civil litigation.This chapter introduces the legislation of the civil law countries represented by Germany and Japan and the Taiwan region of China,and evaluate the relevant doctrines.On this basis,we can draw inspirations on the improvement of the system of partial judgement in our civil litigation.Chapter ? the view of the system of partial judgement in the civil litigation.Based on the analysis of the current law in our country,this chapter introduces the problems in the resulting civil judicial practice.Chapter ? the improvement of the system of partial judgement in the civil litigation.This chapter puts forward some suggestions for perfecting the application procedure of partial judgement in China from aspects of its application conditions,starting mode,burden of litigation costs,effect of judgement,connection of procedures and remedies.