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Study Of The System Of Rendering A Judgment In Court Of Civil Litigation

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y K LiuFull Text:PDF
GTID:2416330623484786Subject:legal
Abstract/Summary:PDF Full Text Request
The procedure of rendering a judgment plays a crucial role in civil litigation.To render a judgment is an important means for rendering a judgment.However,its role has not been brought into full play,which came to be an innate malady hindering the realization of procedural justice and the improvement of litigation efficiency.The system of rending a judgment in court of civil litigation has been developing slowly and there is no explicit regulation on its conditions of application,the time of its entry into effect,and legal consequence,etc in legislation.In judicial practice,the space for rending a judgment in court in civil litigation is further limited as a result of the contradiction between heavy caseload and fewer judges or the inertia of judges.With the full implementation of judicial reform,the conditions for widely carrying out the rendering a judgment in court in civil litigation have come into being in general.The improvement of the system of rendering a judgment in court should start from legislation to judiciary,and from every phase of the pre-trial preparation procedure to trial in court as well.It should closely revolve around the mainline of implementing the principle of open trial,the principle of centralized trial,and the principle of procedural stability.In addition,the improvement of the system should take measures,such as the same trial for similar cases and the split-flow of complex and simple cases,etc.Finally,its improvement needs to stimulate the judges' subjective activity and perfect the supervision and restriction mechanism for the system.The study of rendering a judgment in court of civil litigation ishelpful to popularizing the education of the rule of law,to improving judges' professional ability.Meanwhile,it will build a solid systematic foundation for economizing litigation cost and guaranteeing equality and justice.
Keywords/Search Tags:To render a judgment in court, to render a judgment at fixed time, the principle of open trial, the principle of centralized trial, the principle of procedural stability
PDF Full Text Request
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