A Study On The Reason And Effect Of Civil Judgment

Under the existing civil legal system of our country,the reasons for the civil judgmen t have been given a certain effect,but there are many differences in the reason why the v alidity and the theory should be explained,and the application in practice is also confused.Although there are many studies in this field,it is difficult to form a more consistent vie w,so it can not provide support for practice.The continental law system and common la w countries have doctrines or systems about the validity of civil judgment.However,these theories and systems can not be introduced blindly,and we need to consider the judicial practice and the theory of civil procedure in our country so as to construct the system of civil judgment reason effectiveness which is most suitable for civil action in our country.The article insists on combining theory with practice,and cites 11 practical cases.In additi on to the conclusion,the thesis is divided into four parts.The first part is a part of the system.In this part,the paper combs the existing syste m of civil judgment reasons in China,including general provisions and special provisions unknown.At the same time,it points out two problems existing in the clause of validity of civil judgment in our country.The second part is a part of the theory.The research on the validity of civil judgmen t in China's theoretical circles can be divided into two factions,namely,the "interpretative" faction and the "constructive theory" faction.From the existing system,the interpretative s cholars hope to provide support to the operation of the system through theoretical interpret ation,while the architects of the construction theory look abroad and hope to amend the s ystem of our country through the introduction of the system of other jurisdictions.The pro blems in the theory of interpretative theory are the pluralism of theory and the conflict bet ween each other,and the construction of the existing problems in the theory of constructio n is unified,so it can not deal with the different problems in practice.Based on this,we need to rethink the direction of improvement of the system.The third part is the optional part.This part of the system combs and reviews the tw o systems of law on the validity of civil judgment system and doctrine of the various reasons.Although it is very popular with Chinese scholars,the application effect of the interm ediate confirmation is not satisfactory.There are many similarities between the conflict poi nt effect of the continental law system and the rule of dispute resolution in Anglo Americ an law system,and the rule of dispute settlement has been a good operation in the United States as a system,and the contention effect has not been said at home in Japan.But in the Taiwan area of China,it has been a system,so it can be used as a direction for the construction of the system;the application of the traditional meaning of proof is relatively simple,and it can also be a direction for the construction of the system.The fourth part is the perfect part of the system.On the basis of the analysis of the advantages and disadvantages of each system and the extent to which the judicial practice may accept in our country,it is a feasible scheme to construct the civil judgment reason e ffectiveness system of "contention effect + proof effect".The effect of contention can solv e the influence of the main points of the former umpire on the post prosecution,and can save the judicial resources;the proof effect can solve the secondary dispute and the effect of the facts on the post suit,so the discretion of the rear judge is reserved.Therefore,th e system of civil judgment is supplemented by dispute effectiveness and supplemented by proof effect,so it can provide good guidance for practice.