The Authority Of The Final Judgement

The authority of the final judgement also means the ending of a trial, that is to say, once the final judgement is made out, it has the certainty, sanction and should be enforced. It won't be granted a remedy of a review program unless there is an obvious mistake. The authority of the final judgement bases on a certain system and its source is the authority of reason. This authority appears just in the formality, and enhance the forseeobility of judicatory on a certain degree. The authority of the final judgement is confirmed for its justice in the formlity rather than the truth in essenties. As to judicatory, the stability is higher in value than the truth in essential.I The authority of the final judgement is determined not only by the need of the civil action procedure, but also the fixed validity of itself and the purpose of the law and the state it contains. First, the object of the civil action procedure is to settle disputes. We must give the judgment with authority so as to reach the settlement one-off. The object of the civil action procedure is to settle disputes because the right of civil action bases on a specific dispute, "no dispute no right of action", and the object of the junsdiction is actually the dispute between the parities. So the civil action procedure with its contents of jurisdiction. Although settling disputes is not its private function, among the systems of disputes settleing, the civil action procedure has forcible power, finality, and is firmly guanranteed by procedures. The theory of disputes settling supports the judge's discretion and complement the leaks of law. Currently, the social economic life is changing all the time, but the legislation falls behind. Some new type of cases won't be accepted by court for there's,no law defines there.The. rights.of the. parties can't be remedied because they are beyond the substantive law. It is necesary to find then confirm new rights that are beyond current laws to fill the gap and rectify the defects.Secondly, the fixed validity of judgemcnt(FVJ) intensively and essentially embodys the judgement's legal force and becomes the authority of the judgement in the formility. The essence of FVJ is a validity given by procedural law. It comes from the legal force given by the civil procedural law to the judgement. It is because that the judgement is the result of excersising of national jurisdictionand the guarantee of procedure that this legal force is given by law to the judgement. The objective scope of FVJ affects the judgement of whether the action privious and following are uniform. The scope is limited to the objects of action. It is narrow in the traditional substantive law theory in which the object is the substantive legal relationships in dispute, but wide in the theory in which the object is a claim. The traditional subsantive law theory may cause a self-contradictory judgement, which hinders the settlement of disputes. Therefore, the theory of claim should be adopted. The objective scope of FVJ should be limited to the actual content of the judgement. Sometimes , this content is determined with the help of reasoning. So it is necessary to give reasoning with a saction under a certain term. That means after the parties' serious discussion in the action, the court also think that the sustantive trial and the actual dispute determined have sanction to actions afterward.Thirdly, judgements embody the legal purpose and the authority of law. The law not only pursuits justice but also tries to create orders, which just meets the basic needs of people. The authority of law is guaranteed by the nation's forcible power. Furthermore, it comes from people's self-identity and the belief deep in hear, and make them believe in mind, then they are evoked pursuit for sublimity and justice. The law defined the basic and constitusional rights, which add itself with morol character and authority, and make people believe that it is just. The real authority of law comes from the fact that to all the people, the law in deed stands for tru...