On The Perfection Of The Passing Judgements In Court Of Civil Litigation In China

As a legal way of pronouncing judgments,court pronouncement highlights the openness,transparency and efficiency of the judiciary.In judicial practice,verdict in court has positive functional value.It can not only improve judicial efficiency,reduce corruption and maintain fairness,but also help to educate the law popularization and encourage judges to improve their ability.At present,with the tide of judicial reform centered on trial,the implementation of court pronouncement has been increasingly favored by the majority of judicial practitioners.On July 20,2016,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security and the Ministry of Justice jointly issued the Opinions on Promoting the Reform of the Criminal Procedure System Centered on Trial.Article 15 of the Opinions states that the system of court pronouncement should be improved to ensure that the results of judgments are formed in court.In the field of civil litigation,judgment in court should also be taken seriously.Due to various reasons,in the judicial situation of civil litigation,the application of court pronouncement is not ideal,the overall rate of court pronouncement is low and uneven distribution in different regions,the applicable cases are relatively concentrated.The reasons that hinder the judgment in court include inadequate pre-trial preparation,failure to give full play to the due value of the trial,lack of judicial capacity of judges,and long-term inherent thinking of regular judgment.From the perspective of the principle of centralized trial,the system of public trial and the principle of procedural stability,it has a mature theoretical basis to carry out the court pronouncement in the field of civil litigation.From the perspective of the current judicial reform in China,the judicial responsibility system,the post system of judges and the relevant systems of the court centralism have created conditions for the court sentencing.In judicial practice,some courts have also actively carried out the adjudication in the field of civil litigation,and achieved good social results.Therefore,under the existing judicial background,it is completely feasible to pass judgment in the court in the field of civil litigation.At present,China has a judicial environment for court pronouncement,we should improve the system of court pronouncement comprehensive way,improve the rate of court pronouncement,and let the people feel fairness and justice in every judicial case.After studying the sentencing system in different legal systems,we should first determine the principle of court pronouncement and the concept of not sentencing in court as an exception.In the application of the conditions for sentencing in court,first,the case to go through the trial to achieve clear facts,evidence is indeed sufficient;Second,the rights and obligations of both parties are clear;Third,the collegial panel has no major disputes over the handling of the case;Fourth,the procedure conforms to the legal provisions,and the applicable law is clear.It also takes into account the complexity of the case,the quality of the trial and the judge's judicial ability.For the scope of application of court sentencing,the case should be court sentencing in principle,the exception is not suitable for court sentencing,but can not be court sentencing.In addition,relevant supporting measures need to be improved,such as strengthening the standardization of pre-trial preparation procedures to ensure that the court sentencing can be carried out effectively;Further optimize the division of complicated and simple cases,refine the standard of complicated and simple cases,reduce the resistance for the application of the court sentence;Constantly improve the quality of the trial,gradually form a mode of contention trial,selective application of elements of the trial mode,strengthen the supervision of the trial activities,so that the court can be a success;In terms of improving the judicial ability of judges,it is necessary to improve the withdrawal mechanism of judges,strengthen the construction of professional trial teams,implement the reward and punishment mechanism and guarantee mechanism,and create a more convenient judicial environment for sentencing in court from all angles.