Reform Of Civil Judgement

The civil written judgment is refers to the court according the legal procedures after trying civil lawsuits, on the case entity issues and points of order, created a legal binding judicial document. In the process of the written judgment is an important constituent to the administration of justice, its not only manifested the judicial authority and the trial independence, also manifested the wisdom of the judge's abilities and decisions to handling the case.The Supreme People's Court prints and distributes"The Court's Written Sentence Style Format (Implementation)"in 1992 is still in use to the present days, was unceasingly thorough along with our country's reforming judicial system, but has not yet been able to satisfy the current activities of the principle that need to develop. The most prominently is cannot manifest"The Disputed Debates Pattern"in the lawsuits, and the judicial process cannot establish the openness and the fairness, and also cannot manifest the forming with the process in the written verdict. Supreme People's Court Chairman Xiao Yang pointed out that,"The present written judgments are thousands in one aspect, which lacks authentication to the principle, unable to show the decisions and results from the forming process, which lacks the persuasive power, influencing the fair judicature representation."In April, 2000, the Supreme People's Court lists"Regarding The Issues In The Reforms Of The Written Judgments On Civil And Economical Lawsuits"as one of the key research topics, a majority of courts in the country reformed on the written judgment and has made substantial beneficial explorations and innovations, the written judgment has improved to a certain level. The theories in the procedures and fairness and so on had been manifested in the current written judgments. But the current old format style is not suitable for the up to date situations, and the new format style has not yet published, in recent years the written judgment has appeared to much confusion. According to the reality of the judicature on the present in our country, creating a relatively secure and referential and useable written judgment format style would make positive sense to the judicial construction.This article analyzes the history of the written judgment since our nation has been born, concluded the practice in the recent years of reforming, and analyzes the major problems on the written judgment in the recent years of our country, pointing out the existing flaws on the written judgment in the present of our country and the reform necessity and the limitation. Through to the comparisons on the characteristics and models of the two major legal systems in the world as well as with the Hong Kong, Macao and Taiwan regions, proposing new ideas for our country's written judgment reforms. The full text launches from following five chapters:First chapter: Our country's civil written judgment reform background. This chapter analyzes the history of the written judgment since our nation has been born, analysis the present written judgment's formation and flaws. Pointed out along with the trial method reform, the present judgment style has not been able to satisfy our country's current judicature idea to the fair determination and the openness request. According the above proposing the necessity reforms on the written judgment.Second chapter: The present situation of our country's civil written judgment reform. Along with judicial reforms thoroughly, the reform of the written judgment which is the key content in the trial method reform, he courts in all places has made positive explorations and the innovations to the written judgment's reform. The reform mainstream is good, but undeniably there also has not been able to meet our country's national condition and changes had been made exceedingly, excessively with problems. This chapter has made appraisals on several controversial issues on the present written judgment reform, analyzes present situation which our country's written judgment reforms, pointing out that our country's present judgment reforms limitation.Third chapter: The existing system flaws and consummation in the written judgment reform of our country. The reform of the written judgment is a system construction, involves to the legal system in all aspects. This chapter analyzed deeply in the system flaws which in the existing written judgment reform, Thus proposing the perfect measures on the necessary system in construction and consummation of the written judgment reform.Fourth chapter: The comparison of the foreign written judgment's characteristics and model: Through to the comparisons on the characteristics and models of the two major legal systems in the world which representing its own nations as well as with the Hong Kong, Macao and Taiwan regions, proposing new ideas for our country's written judgment reforms.Fifth chapter: To reform and redesign the format style of the current written judgment. Through preceding text elaboration, proposing new ideas in the construction and structures of the written judgment reform...