| From October of 1996,the Supreme People's Court decided to make a comprehensive revision to the "style instruments of court proceedings (for trial implementation)" , although the reform of the verdict instruments has been carried through for more than a decade, the research on the reform is actually still valuable. In this article, the author tried to, for the combination of judging practice, considering on the basis of the function of the verdicts and the course of civil proceedings for the point of thinking, analysis some shortcomings on the production of China's civil verdict, and bring forward some absolute opinion on the specific reforming manner.This article consists of four parts, to research the production of the civil verdicts .The first part, the author summarizes the concept and function of the civil judgments, pointing out the basic framework and content that a civil judgment shall possess. A civil judgment, means that the people's court, based on judicial powers, at the end of the cognizance for civil case and the non-litigate case, make the concluding judgment on the dispute between the parties or the party that puts forward the entity claims made by the judge concluding; The means of civil judgment shall be in writing, as is called written judgment. The written judgment has the function for announcing the law and persuading and educating the parties .The author considers that the civil written judgment shall be divided into four parts ,as is the heading, the preface, the text and the trail; the content shall conclude the basis instance, the origin and character of the case, the course of the proceedings, the claims of the parties ,the respect of the facts and the application of the law and so on .The second part , the author analyzes the status, reason and the harm of the execution of the civil written judgment. The author considers that there is still some constrainedly place on the execution of the civil written judgment ,mainly appears on the fussy execution, prolix length , deficient argument, summary dissertation, joint the formality language to withdraw the conclusion, the consequence absent the effective and material theory to support itself, the state of the text of judgment lacks of the veracity, exceed the extent of claims of the parties, disordered arrangement, not distinguishing the part of facts and law application. The reason producing the status is that the low diathesis of the judge, which cause the deficient argument of the judgment documents. The lawsuit mode of the creed of authority place a premium on the inertia of our country's judge , it also matters with the deficient acknowledge and shortcoming of the trial course. It goes against the authorization to the judgment of the parties, the equity of justice and the announce of the legal system .The third part, the author makes research on the direction of the reform of the civil written judgment. The author considers that reform of civil written judgment is the result of the reform of the civil trial ,the require to enhance the quality of the judgment document and keep the equity of justice . The advance of judge's diathesis create the condition for the reform of judgment documents. The reform of civil written judgment shall observe the principle of justice, publicity and argument. The core of the reform is to advance the argument of the civil written judgment. The argument shall observe the principle of publicity, pertinence, logicality and holohedrism. The main methods of argument includes the legal analyzing, logic analyzing, sense analyzing and important document analyzing. The argument of the judgment document shall include the hereinafter process: affirming the actual facts from the existing evidence, abstracting the normal law connection from the specific law facts, exerting the corresponding law to bring forward the basis principle for resolving the dispute, combining the specific facts of the case to analyze and judge the claims of the parties', finally making the conclusion to the claims of the parties'. In this part, the author also argue the reform of the assistant system of the production of the civil written judgment. The author considers that it is necessary to provide the execution formats of the civil written judgment, but the format shall be predigest. Only to provide the fixed formality framework , and make sure the format hasn't the legal power, as is the reference. It shall authorize that the judge has the power to write the judgment freely according to deferent status of the case. On the perfection of the lawsuit proceedings, the author considers that the reform of justice shall be double as the excellence of the antagonize mode and the enquiry mode. It shall whole hog exert the parties'enthusiasm, also discover the fact at the point of the power .That is the justice methods which has the Chinese character and comprehensive character .On the publicity of the judgment document, the author considers that the judgment document shall be public, as is a collusion, the key of the problem is the whole public or the part public.To bring the judgment document on the internet shall be the important content to the justice clarity. The meanings of justice clarity is that, when the justice office drive the justice action, the action shall be seen by the parties, the other anticipants in proceedings, and the social public. The core is against the secret trail. All the judgment documents shall be announced public, as the law shall be announced, otherwise the law cannot be use to judge the case. To bring all the civil, criminal and administrative judgment documents to the internet, is the necessary demand for the modern justice sense to realize the public, clarity and justice. It also has important actual meaning and deepen historic meaning. To worry the quality of the judgment documents is not the reason for non-public of all the judgment document . If all the effective judgment may be announced to the public on the internet, it will be positive to advance the judge's diathesis .The forth part, the author bring forward some independent opinion throng the consideration of the reform of the judgment documents. According to the judge's explain, the author considers that there is not the essential difference between the explain and the judge reason, or it can be said the content of the explain shall be sincerely the part of the reason of judgment document .The author doesn't deny the affectional education language of the judge may influence the parties and resolve the dissension , yet in shall be more effective in the conciliation part. The author consider that it is not necessary for the explain of the judge .According to the signature system of the judgment documents, the signature actual make the deny power to the conclusion of the collegial panel or the independent judge. The signature system make the judgment power of the judge be half-baked , infringe the judge power of the independent judge or the collegial panel . In the circumstance that the advance of the judge's diathesis, it shall reduce the extent to the signature of the judgment document. According to announce the different viewpoint of the collegial panel , the author considers that it is reasonable to announce the different viewpoint of the collegial panel. It appears the need to realize and embody the responsibility, also the need to realize the justice equity. It has positive affection to carry out the system of the collegial panel, demand each judge to act deliberative, advance the judge professional system, elevate the quality of the judgment documents and advance the avoidance of the corruption and protection of the probity .The verdict in the form of written expression, the formation of a written document called the civil verdict; civil legal advocacy with the verdict, the parties to persuade and educate. In my view, constitute a basic civil verdict can be divided into four parts, namely, first, the preface, the body and tail; should participate in the proceedings, including basic situation, the origin of the case, the nature of the case and after hearing the parties and the defense claims , To identify the facts of the case, the applicable law, the verdict, and so on.The second part of a civil verdict on the production of the current situation, the reasons for and against a superficial analysis. The author believes that a civil verdict of the production are still some less than satisfactory, the main problems: the production of red tape, verbose; reasoning is not fully discussed too brief demonstration did not start, often stylized language to connect from a number of conclusions of reasoning, Reasoning is a lack of effective, substantive support for the theory; decision of the main body of inaccurate statements, missing, incomplete, the parties beyond the scope of the litigation; judgment-level confusion, that does not distinguish between the facts and applicable law in part; account of the needs of the proceedings and did not need to explain Do not have to explain the matter has confessed; Yingshang too much. Have a status quo on the grounds that: the overall quality of judges, magistrates instrument is the root cause of inadequate reasoning; terms of reference and mode of action, our judges are not induced by the weight of inert reasoning; with the trial phase of over-simplifying the matter and seek to understand things thoroughly as well. Is not conducive to the party against the sentence served v. interest; not in the interests of justice; not conducive to the promotion of the legal system.The third part of a civil verdict in the direction of reform has been studied. The author believes that the civil verdict is a need to deepen the reform of the civil justice reform, the inevitable result of the way; to further enhance the quality of instruments appear, is to safeguard the interests of justice is an urgent need; improving the quality of the judges appear to have created conditions for the reform of the instrument. Reform of the civil magistrate instruments should follow the principle of fair and open, the principle of reasoning. Strengthen the civil verdict reasoning is the core of the reform. Reasoning should follow the principle of openness, specific principles, the principle of logic, the principle of comprehensiveness. The basic reasoning methods of legal analysis, common sense analysis, logical analysis, constitute elements of analysis method. Magistrates said that the instrument should have gone through the following steps: From the available evidence confirmed the relevant facts of the case; from the specific legal facts in a general abstract legal relationship; use of the law is derived to deal with the fundamental principles of this controversy; combined with the specific case On the fact that the parties to analyze, judge; the end of the party's appeal to deal with the conclusions. This section, the author also produced a civil verdict supporting the argument for reform of the system. Civil judgments against the need for the production of a fixed format, I believe that the verdict of the civil provisions of the production format is necessary, but the formal requirements should be simplified, stylized only requires a fixed structure, the best should not be rough fine, clear style and only reference And no legally binding effect to give the judge the case according to freedom of writing instruments appear. Improve the system of the proceedings, the author believes that judicial reform must be Jiancai confrontation with the Inquisitorial-long, it is necessary to maximize the positive actions of the parties, but also from the perspective of public power for the facts found, the protection of fair Action to intervene in the process, which is compatible with Chinese characteristics, the way of justice, that we should establish a Marxist-oriented party, in order to supplement the terms of reference and procedural system. The establishment of a public instrument referee system. The author believes that the instrument should appear in public, has been a consensus that the key issue is to make public all or part of the public. Instruments appear online is an important aspect of judicial transparency, justice and transparency refers to the meaning of the judiciary in judicial activities should be subject to litigation and other participants in the public and visible way, the core of which is opposed to the Chamber of Secrets trial. All of the instruments appear publicly, as formulated by the state and legal normative documents should be made public, can not become the executive and the judiciary to deal with the legal basis for the same case. All civil, criminal, administrative instruments appear publicly available on the Internet or to an open, transparent and impartial administration of justice in modern idea of an inevitable requirement, is of great practical significance and far-reaching historical significance. Instruments appear worried about the quality of the referee is not a question of can not disclose all the instruments. If all of the entry into force of the referees have made public access, improving quality of judges is of great significance.Fourth, the author of a number of instruments appear to try to carry out the reform of the thinking and put forward their views. After the judges on the language, I believe that with the decision appears to be no reason for the essential difference between, or after those words would have on the content of judicial documents should be an integral part of the reason. I do not deny that the judge's language may sentiments education to reach and resolve the dispute parties on probation contradiction, but more should be reflected in the litigation stage in the process of mediation, the parties more acceptable to do so. I believe that, after judges language, it is not necessary. With regard to the system for issuing the verdict, in essence, the issue of Durenshenpan is a member of the Full Court decision or conclusion to some extent, the enjoyment of the right of veto, in fact become part of the trial, the judge made the jurisdiction of the case is incomplete, incomplete, Violation of the Full Court's jurisdiction or Durenshenpan member. China's gradual improvement in the quality of judges, the referee should be to gradually reduce the scope of the issue of instruments and replace them with other systems. Full Court on an open public a different view, I believe that the public views the Full Court in a sense is a grain of truth, not only embodies the responsibility to implement and needs, but also the needs of justice; for the full implementation of the collegiate system, each request Judges act caution, the formation of the survival of the fittest, the mechanism for the promotion of professional judges, magistrates to improve the quality of the instruments, the promotion of preventing corruption and ensuring clean is to have a positive effect. However, the measure of our country and the people's courts independently exercise their judicial powers is not an independent judge to exercise jurisdiction over the judicial system contrary is inconsistent with the existing criminal, civil, administrative and procedural law of the Court Organic Law of the People's Court tried the case related to the implementation of the "majority rule" And the principle of the Full Court to discuss the case of minority views can only be credited to the record as a private vice Volume filing requirements, our people may find it difficult to accept, easy to make the parties as well as the public trial of the credibility of the doubt should be amble. |
