Study Regarding The Comments On "Huangyan Litigation Files"

Whether the statement or plaint one party submits can enter into the judicial process depends on the judicial official criticism. Criticism is not only related to the original, the defendant two contradictions can dissolve, can also through the content of the study of state and county officials to comment the case of ideas and local judicial real activities. Taking "Huangyan litigation files" as the research object, the state county magistrate scolded are studied in detail.This thesis starts with the brief analysis of the Huangyan Lawsuit Archives types of cases are briefly analyzed. Most cases involve the file is civil litigations of married households, land etc.. Scolded determines the petition to write comments, has its strict procedure, analyzes the Huangyan archives criticism with the contents of small, lack of reasoning and the application of the law of random characteristics. Do the classification followed on the handling of cases, analysis of the causes of most cases without access to judicial proceedings. The magistrate shows negative attitude towards the "civil trivia". Most of the cases are directly rejected, for batch to civil mediation cases, are group of Zu Li, Xiang Bao processing at. Analysis of government plans to write comments purpose and its spread and the same period of the verdict of the difference. The relationship between law and judicial practice shall be compared from archives of criticism. Comments can reflect the true local judicial practice, from the criticism of the content can be seen, whether it is the case or in the form of provisions and statutes have some deviation. This and the judicial officer in adjudicating cases related to its unique thinking logic. The judicial officer influenced by Confucianism, treat as "parents" admission for all public good thoughts. In the course of the proceedings, whether the complaint of the surface is related to the law has detailed provisions of statutes are to quell the procedure oriented, instead of considering the parties appeal. The negative attitude of judicial officials and the people desire a great contradiction between participating in litigation. History as a mirror, to implement the rule of law, resolving social disputes, the judge plays a decisive role in the judicial practice. The construction of good team of judges meets a requirement of socialist system.