On The Relief Of Civil Ruling

Civil rulings are widely used in the practice of civil litigation in China,which runs through the final judgment of rights,the realization of rights,and the temporary protection of rights.It is of great significance to protect the parties' right to appeal,to enforce the right to request,and to reserve the right to claim.From the perspective of legal norms,China's civil procedure law has insufficient relief for civil rulings.However,in practice,the trial of some rulings on the application of ruling remedies has been delayed for a long time,which seriously affects the advancement of litigation.In other words,looking at the actual state of civil ruling relief in China,it presents a counter-reduction phenomenon of insufficient relief and excessive relief.The reason for this embarrassing phenomenon is that the remedies for civil rulings are inadequate and the remedies provided by the current law do not take into account the characteristics of civil rulings.The necessary relief for the acts affecting the rights and interests of the parties is the proper meaning of justice.Under the influence of the procedural guarantees,the practice of observing heavy entities and light procedures will have no future.Perfecting China's civil ruling relief system is an indispensable step in the process of modernization and refinement of China's civil procedure law.In this process,the value conflict between justice and benefit is correctly handled,and seeking a balance point is the precursor to perfecting the civil ruling relief system.This article selects the old topic of civil ruling relief,but the period "Zhoubang is old,its life is new",canput forward some new ideas on civil ruling relief.This article is divided into four chapters,the main contents are as follows:The improvement of civil ruling relief should be based on the uniqueness of civil ruling,focusing on the difference between it and judgments and decisions.Therefore,the first chapter mainly includes two themes-the basic theory of civil ruling and civil ruling relief.The former mainly discusses the meaning and scope of the civil ruling,the classification of the civil ruling,the res judicata of the civil ruling,and the effective time of the civil ruling.It is proposed that most of the academic circles in China define civil rulings from the scope of application of civil rulings.However,since procedural matters and substantive matters are difficult to distinguish in practice,the application of civil rulings in China has certain arbitrariness,and even the provisions of laws and regulations exist.Where the logic is not available;Briefly expounded the current academic standards on the classification of civil rulings,with a view to inspiring the classification of relief in civil rulings;The issue of the res judicata of the civil ruling should be specifically analyzed in conjunction with the ruling;The effective date of a civil ruling varies depending on the remedy of the civil ruling.The latter mainly explains the meaning of civil ruling relief,the meaning of civil ruling relief,and the requirements of civil ruling relief.The remedy for the civil ruling shall be the second sexual remedy,the relief object shall be mainly the civil ruling in the static sense,and the civil ruling remedy shall include the correction of the civil ruling;The remedy of the civil ruling is analyzed to protect the rights and interests of the parties,to absorb the dissatisfaction of the parties,to ensure the application of the law,and to improve the efficiency of appeals;The remedies for civil ruling include the main elements,the object elements,and the essential elements.That is,the subject of the civil ruling should include the third party of interest.It is not necessary to give all civil rulings as relief.The substantive elements should be rejected,and the relief should be met.Certain program and time requirements.The second chapter mainly depicts the mode of civil ruling relief under the current law in China,and reveals the problems existing in the current civil rulingrelief model.First of all,an outline of a special relief model under the current law of China,including appeals,reconsideration,opposition,separate prosecution,retrial,and third-party revocation.Secondly,it analyzes the disputes that some of the remedies in China's civil ruling relief system are unclear or applicable narrowly,the defensive measures are lacking in hierarchy and the connection is unknown,the similar remedies are difficult to distinguish,and the object of the cassation as the third party is arbitrated.Finally,it expounds the connection and measurement between the provisions of the special law on civil remedies and the provisions of the Civil Procedure Law.The remedies for the civil ruling in the special law are compared with the provisions in the civil procedure law.It is proposed that the measurement and convergence should follow the new law is better than the old law,the special law is better than the general law,the special law applies and the general law applies.in principle.The third chapter mainly examines the civil ruling relief through horizontal comparison and vertical historical analysis.The horizontal direction is mainly from the perspective of comparative law.By examining the relevant provisions of the two major legal systems on civil ruling relief,the problems of civil ruling relief in China are pointed out.The civil law system selected Taiwan the province of China,and Japan,and analyzed the anti-notice procedures,opposition procedures,and re-adjudication procedures in Taiwan.Analyzed the German system of instant protests,incidental protests,and legal protests;It analyzes the scope of the object that can be filed in Japan,the re-anti-indictment,and the permission to protest.It is found that the provisions of the civil law system on the anti-meeting system also have differences in the style of legislation,objects,and types of protests.The Anglo-American legal system mainly analyzes the US intermediate appeals and incidental rulings.Finally,some discussions were made on the relevant content of the civil law remedies in the Soviet law.After comparison,it is found that China's civil ruling relief is suspicion of the legislative system that stipulates the scope of remedy.The independent remedy procedure that does not stipulate civil ruling is not conducive to the protection of therights and interests of the parties,and the specific applicable procedures for not providing relevant remedies lead to confusion in practice.There is no correction system for civil rulings.At the same time,it is also found that China's civil ruling relief model is heavily influenced by the Soviet law.Longitudinal analysis is mainly from the perspective of history.It briefly reviews the legislative changes on civil ruling relief since the reform in the late Qing Dynasty.It analyzes the historical and realistic reasons for the failure of the independent civil ruling relief procedure in China.The fourth chapter is mainly about the idea of perfecting China's civil ruling relief.On the one hand,it considers the basic value of civil ruling relief and proposes that we should find a balance between justice and benefit.On the other hand,it mainly starts from the perspective of interpretation theory and legislation theory.The path of interpretation mainly includes the measurement of the scope of application of existing relief measures,mainly selecting the scope of retrial to be clarified for analysis;Interpretative analysis of partial ruling relief in the execution procedure,reviewing the ruling mode of the ruling,opposition,and reconsideration proposed by the Supreme Court;Diversified and hierarchical linkage analysis of existing relief measures;Civil ruling classification remedy is feasible.The perspective of legislation is to improve the existing remedies and to investigate the establishment of a civil ruling independent relief procedure.The former mainly proposed the expansion of the scope of application of existing relief measures,and also analyzed the hearing design of the review procedure.In view of the latter,it mainly examines the necessity and realistic possibility of establishing an independent procedure for civil ruling in China,and proposes the relevant ideas for constructing an independent remedy procedure.