Research On The Construction Of Intermediate Judgment System

The intermediate judgment system is a kind of referee system which is originated from Germany, and it has been formulated in the civil procedure law of Japan、 France、Taiwan and other major continental law system countries（regions）. The most important value of intermediate judgment system is to promote the efficiency of the civil dispute. Making a intermediate judgment is helpful to reduce delays in the proceedings, promote the process of civil trial; it help parties to reach an agreement of mediation or conciliation on the basis of clearing the focus of controversy, and then cause the end of civil procedure. However, our country’s existing legislation doesn’t regulate intermediate judgment system, as a result, it brings many adverse effects to our judicial practice. It isn’t beneficial to not only the efficiency of legal proceeding, but also litigation justice. Therefore we should learn from the intermediate judgment system on the basis of researching it. In this thesis, firstly I introduce the basic theory of the intermediate judgment system, make qualitative analysis legally and then distinguish this system with relevant systems. Secondly, I study this system’s legislation and legal characteristics of several typical continental law system countries and the region of Taiwan in order to provide references for the construction of our country’s intermediate judgment system. Thirdly, I introduce two different theoretical perspectives and propose my opinions, and then elaborate the necessity and feasibility of the construction of this system. Lastly, I put forward the basic idea of constructing our country’s intermediate judgment system on the basis of argumentation before.