Study On The Standardization Of Civil Verdict

Civil judgment civil lawsuit procedure is reflected processing with the entity results, or confirmation certain civil juristic ACTS or relevant civil legal facts and authenticity of the documents, the legitimacy of its fully embodies the litigation rights of the parties and the lawful rights and interests protection. Our country civil judgment has spent years though standardization reform, judicial theoretical and practical circles explore steps have not stop, but the social public to discontent of clerical civil referees not so weakened by sound. Since 2000, civil judgment reform is the supreme people's court determined for judicial reform, one of the key topics during practice, academic and done a lot of research and exploration, will focus on the reform of the system of the judgment reasoning in research and construction. But in recent years, the courts of the referee documents all lack of unity, even some standard confusion. This article mainly from civil judgment by the definition and function, the author analyzes the theoretical definition in the standardization of the civil judgment in China at present status quo, find out the existing problems and civil judgment, in order to explore reasons, and measures to solve the problem of the current civil judgment standardization request and related system construction, the introduction of be legal norms, and eventually hopes to be clear, in language logic unsupported by reason of civil judgment in method can be broad social public convincing, identity and acceptance.This paper points four parts to civil judgment standardized problem is studied.The first part of the theory of civil judgment standard definition. Civil judgment function and "standardization" positioning reflect the status and effect of civil judgment and the importance of standardization.The second part at present our country civil judgment standardized the status quo. The main problems of civil judgment are:lack of civil judgment, thus strengthening academic attention thus judgment, although judgment has been improved, but the parties thus of judgment, the attitude of the harbor still distrust judgment standard of rule by law is thus the embodiment of the judicial meet; The structure of the civil judgment stylization serious according to civil judgment standard, civil judgment not only in form requires a scientific, unified, standardize the basic structure, and every part of judgment ZhuWen content (first, problems and tail); Civil judgment statement not specific; The first and second civil judgment written content difference. Influence civil judgment is mainly caused by the standardization of civil litigation authority the influence of socialist lawsuit pattern, civil judgment format too old, judge the quality is not high.The third part civil judgment standardization requirements. Through the civil judgment standardization basic conditions and concentrated expression, explain the standardization of the civil judgment in theory practice are feasible.The fourth part civil judgment standardization related system construction. Achieve standardization of civil judgment standard is not necessarily simple fully argue, appropriate public technology problems, the key is to create a system environment, making the most of the judges in value judgment in the process to make a let the public convincing judgment. Through the display system, "judgment with reasons of different opinions" system, judge precedents, judgment system of public reference system construction of more comprehensive standard judgment.