Study On The Simultaneous Judgement

In the lawsuit,when the plaintiff's action of performance and the defendant's plea of simultaneous performance are simultaneously implemented,the court should give a simultaneous judgment in principle.Simultaneous judgment refers to the judgment that the court ordered the plaintiff to pay while the defendant paid.At the same time,the simultaneous judgment is the result of the procedural law in the substantive law,which is in line with the litigation economy.The countries and regions of the continental law system are stipulated in the form of legal plain texts or jurisprudence.However,the lack of legal norms in the simultaneous judgments in China and the confusion in the judicial practice in fulfilling the defense of judgments have made the provisions of the substantive law on the simultaneous performance of defenses a piece of paper.In addition to the introduction and conclusion,this article is divided into four parts.The first part is raising the question.China's substantive law stipulates the simultaneous performance of defense,but lacks relevant procedural rules.Where the judicial documents stipulate that the parties are mutually responsible for the payment of obligations,the judgment shall specify the order of performance.When the court performed the defense at the same time,it was decided that the main text stated that the order of performance was contrary to the institutional purpose and the principle of debate.China's procedural law on the simultaneous performance of defense is absent,and the only judicial documents are also improperly regulated.In practice,when the defendant proposed to perform the defense at the same time,when the plaintiff's claim and the defendant performed the defense at the same time,the court's judgment was chaotic and lacked uniform standards.The second part is a comparative study of the simultaneous judgement.This part compares and analyzes the simultaneous judgments by Germany and Japan.In Germany and Japan,even if the plaintiff proves that it has not been fulfilled,it will not affect the execution of the simultaneous judgment.There are huge differences in the scope of appeals between Germany and Japan for the simultaneous execution of judgments.Both German academics and judicial practice have considered that they can appeal to the payment of certain points of treatment for the simultaneous judgments.Japanese practice and academic circles have objections.Both Germany and Japan regard the payment of the plaintiff as the mandatory starting requirement for the payment of the judgment.The plaintiff can apply for enforcement against the simultaneous judgment,and the defendant cannot.The third part is the theoretical analysis of the judgment of simultaneous performance.As a conditional judgment,the simultaneous performance doesn't have force of adjudged and executive force in the main texts of the judgment.The plaintiff may apply for enforcement in accordance with the enforcement basis,and the defendant may not apply for enforcement according to this.An appeal against a payment decision is not allowed to appeal only on the part of the dispute.The fourth part is the optimizing of china's simultaneous judgement.There is no limit to our country to enforce conditions,and there is room for interpretation of the judgment.When the plaintiff's claim for payment and the defendant's defense are both established,the court shall make a judgment of simultaneous performance.There are exceptions to the payment judgment,which the plaintiff's debt is not clear.The execution of the judgment shall be conditional on the payment of the plaintiff's treatment.This entity shall be examined by the judiciary and,after examination by the judging authority,an execution certificate shall be issued.