Research On The Prior Judgment System In Civil Litigation

Firstly,this article analyzes the problems existing in our country's prior judgment system in terms of scope and conditions of application,ways of initiation,and treatment of the remaining litigation objects.First of all,the scope of application is narrow,and there is no specific stipulation on whether prior judgment can be applied in complex litigation forms such as merger trials.The second is that the provisions on the applicable conditions are not clear and do not highlight the function of the prior judgment system in handling difficult and complicated cases;secondly,the remaining parts of the lawsuit are dealt with in a chaotic manner,and the court that made the prior judgment continues to hear and inform the parties to prosecute separately.There are two cases;in terms of initiating the procedure,the party is not given the right to request the court to make a prior judgment on some of the subject matter of the lawsuit,nor does it stipulate the court's obligation to explain when it makes a prior judgment;in addition,here is also no specific provision for relief.Then,the nature of the prior judgment is defined.The prior judgment is made against some of the subject matter of the lawsuit,which is essentially a partial judgment.Secondly,unlike the intermediate judgment of a foreign country,the prior judgment is the final judgment.It also points out the role of the prior judgment system in improving the efficiency of litigation and timely remedying the rights of the parties.Then it analyzes the scope and conditions of China's prior judgment system.The prior judgment is mainly applicable to relatively independent litigation requests,including both the separable part of the litigation subject of a litigation subject,and an independent litigation in the case of a combined trial.In terms of applicable conditions,it is necessary to make a preliminary judgment,that is,the facts of some cases cannot be verified for a variety of reasons or the parties have disputes over the remaining part of the litigation,and the prior judgment will not lead to self-relationship.Conflicting referee content.As for the effectiveness of the prior judgment,the part of the litigation subject that has been judged means the end of the part of the trial procedure,and the part of the litigation subject that has not yet been judged is mainly manifested in the prejudgment and proving effect of the prior judgment.Therefore,the court is trying the remaining part of the litigation subject.At that time,he was bound by his prior judgment on the case.Next,this article is aimed at some cases of prerequisite disputes those are not included in the subject matter of the litigation.Based on the relevant theories of the intermediate judgment system,this article discusses the issue of appropriately expanding the scope of application of China's prior judgment.Firstly,it is pointed out that it is not appropriate to set up an intermediate judgment system in China to resolve substantive prerequisites.On the one hand,the "intermediate judgment" and China's "judgment" are not only different in terms of scope of application,effectiveness of judgment,etc.,on the other hand,intermediate judgment It is aimed at matters other than the subject of litigation.Therefore,the use of the intermediate judgment system in China to resolve substantive prerequisites in a case violates the principle of adjudication.Then it is pointed out that under the premise of adhering to the nature and principles of China's prior judgment system,the scope of application of prior judgment can be appropriately expanded.Prior judgments can be made against some of the subject matter of the litigation that has reached the level of adjudication and contains the substantive prerequisites.Finally,this article puts forward the following suggestions for improving the prior judgment system: the scope of application is mainly for matters within the scope of the subject matter of the suit,including the case where a part of the suit is relatively independent in the suit and can be heard separately.An independent lawsuit;in terms of applicable conditions,it is emphasized that some of the subject matter of the litigation should have reached a level that can be judged and the conditions for the judgment of all the subject matter of the suit have not yet been reached;in the way of initiation,it is recommended that the parties be requested to the court to request some of the subject matter of the lawsuit.The right to make a prior judgment and clarify the judge's obligation to explain when making a prior judgment;provide for the remaining part to be handled by the court that made the prior judgment,and clarify the parties' specific relief procedures after the prior judgment is made.