The Research On Part-Judgement Regulation Applied In People's Republic Of China

The part-judgment is a judgment made by the court according to the specific situation of the case which has reached the judgment degree under the condition that the party makes a complete lawsuit request.The part-judgment is also called a partial judgment or a final judgment.This article describes the concept of the unified use of the part-judgment.At present,China's academic discussion and research on the form and types of judgments has not been sufficiently deep,and the part-judgment poor in systemic theoretical study.In the specific procedure setting,the scope of application of the part-judgment,the remedy and the handling of the subsequent part are still missing in the legislation.However itself has significant institutional value,especially in the face of increasing and complicated pressures in the trials of Chinese courts,the part-judgment can improve the efficiency of litigation,solve the urgent needs of the parties,and alleviate the conflicts between the parties and the court.It can promote the orderly development of production and life in the whole society.Therefore,it is of great theoretical and practical significance to conduct in-depth study on the part-judgment system.Article 153 of China's Civil Procedure Law stipulates the part-judgment,but it is still not perfect.The discussion in this paper mainly focuses on the application of this clause.In the specific application,the problem is found and the improvement measures are proposed.It is hoped that this paper can enable the academic community to review the part-judgment again and provide reference value for civil procedure legislation.The main text is divided into three parts,the main contents are as follows:The first part: the current status of the application of the part-judgment system of our country.This part mainly examines the application status of China's the part-judgment system from the aspects of legislation and judicial application,and adopts the method of empirical research to retrieve 500 judgments that quote the part-judgment from the Chinese judgment paper network for further analysis.The second part: the problems and causes of the national part-judgment system.On the basis of the application status of our national part-judgment system,we conduct in-depth research on legal norms and judicial operations and explore the problems that exist from them.This part analyzes the reasons for the problems of our national the part-judgment system from the theoretical,institutional and judicial levels.It is further pointed out that due to the theoretical level,the academic research on the part-judgment is poor.At the institutional level,the specific procedures for the part-judgment and the multi-factor comprehensive effects at the judicial level have led to the confusion of the judicial application of the national judgment system.The third part: the application of the national part-judgment system is perfect.Based on the academic level,this paper analyzes the scope of application of the part-judgment,and analyzes the application of the part-judgment in combination with the case.Combined with the effectiveness analysis of the part-judgment and combed the applicable operation of the part-judgment in judicial practice,mainly based on the original validity,accompanying effect and factual validity of the judgment,and discussed the specific application of the part-judgment.Based on the theoretical discussion of the convergence of part-judgment and the current judicial situation in China,from the legal normative aspect and the judicial application aspect,Propose a perfect idea about the scope of application and application conditions,starting methods,relief procedures and handling of the remaining parts of the part-judgment are at the level of legal norms.Finally,this paper hopes to put forward practical and feasible measures for judicial application,in order to improve the legal norms of our national part-judgment system and to ease the chaotic situation of judicial application.