The Remedy Mechanism Of Flaws In Civil Verdict

Civil disputes are one of the more common types of social disputes.Some parties to the dispute expect a fair and just solution and bring the dispute to court.The judicial trial activities of the courts are undoubtedly of great significance to the maintenance of social fairness and justice.As the final link of the civil trial procedure,civil judgment is related to the realization of the purpose of civil litigation.Judgment documents carry judicial justice,and the quality of judgment documents reflects the advanced nature of a country's rule of law civilization.The construction of a socialist rule of law system requires that every aspect and every detail of legislation,law enforcement,justice,and law-abiding should be kept improving.Judging documents are also the result of judicial trials that are closely linked to judicial justice.From the perspective of the profession of judges,the production of high-quality referee documents is one of the basic links for judges to perform national judicial functions on behalf of the people's courts.It is an inevitable requirement and an important consideration factor for the improvement of judges'professional quality.With the deepening of the comprehensive reform of the judicial system,the public's awareness of the importance of the judgment documents has gradually deepened.Good refereeing documents and other people's convictions are conducive to alleviating the difficult situation of enforcement of civil judgments.At the same time,they can also maintain the judicial authority of civil judgments.Conversely,if there are more judgments in the judgment,and no effective measures are taken to remedy,the credibility of the judiciary will inevitably be damaged.It can be seen that the importance of the judgment document is self-evident,but based on the influence of various factors in practice,civil judgment is inevitable in judicial practice.This paper first explains the meaning of civil referee,and basically defines civil referee from the perspective of generality and narrow sense.At present,there is no unified,clear and comprehensive standard for the meaning of the referee in the academic circles.Different scholars have different opinions on the referee.The author combines the different scholars'expositions on the definition of civil referee,seeks common ground while reserving differences,and summarizes several specific types of current civil judgments.In view of the disputed and ambiguous parts,the author also carried out specific analysis according to different situations,in order to eliminate the ambiguity as much as possible to achieve a rigorous definition.This paper believes that civil judgments should include:facts that are caused by some non-primary facts that do not affect the outcome of the judgment,and that do not affect the legal provisions of the results of the referee.and the law is flawed by the referce,and the referee's omission is beyond the scope of the claim.And five specific types of technical flaws such as miswriting and miscalculation caused by negligence.The current legal standards for civil litigation do not pay much attention to referee relief.The current legislation only pro'vides for the provision of ordinary civil judgments,that is,through the ruling of the correction procedure.In the legal norms of civil litigation,only the scope of the remedy is narrow,and the specific provisions of the remedy are unclear.For the types of cockroaches other than technical deficiencies,there are some legislative provisions.In judicial practice,because the legislative provisions are not perfect,the judges can only make corresponding relief behaviors according to their own local conditions,and the practices vary from place to place.Although in theory both entity value and program value are equal,in reality many judges still have a tendency to"emphasize physical procedures."The value of procedural justice has not been universally believed and respected in the hearts of judges.They believe that substantive legal relations can be justified,and the value of procedural justice is not that important.However,such an attitude not only undermines procedural justice,but also increases the risk that substantive justice cannot be guaranteed.Therefore,it is of great significance to study the relief mechanism of civil referees.For the shortcomings of the current civil referee's relief in China,the author compares and analyzes the relevant regulations of Germany,France and Japan,and sorts out the useful and beneficial experience that is beneficial to the civil referee's relief mechanism in China.Combined with the actual judicial status of China's legislation and the beneficial experience of foreign countries,the specific improvement of the civil referee's relief mechanism is mainly elaborated from two aspects:the ruling and the supplementary judgment procedure.