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The Effectiveness Of Judgement Reasons

Posted on:2018-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:C C XuFull Text:PDF
GTID:2416330536475078Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The judgement reason is a display of the judgment process from the litigation data to the conclusion,which includes the judgment of the fact and the understanding of the application of law.The civil verdict show the reasons of the judgment between the facts and indirect evidence,.As a premise to get the conclusion,it does not conclude the determination of direct judgment,but identifies many facts and disputes.These include the determination of the facts of the facts,the judgment of non-essential facts,the identification of the authenticity of the evidence,and the identification of the facts.Specific legislation is not the judgment reason cognizance system.This article dissects from the related system of Japan and Germany,especially the Soviet Union Law,which has a profound influence on us.Analyse the impact of facts and the legal relationship of the judgment reason for the later action,in order to explore the compliance with the current judgment the reason of legislation related system of our country.In the first chapter,this article analyzes the relevant concepts of the reasons for judgment,the reasons for the validity of judgments,and the present situation of legislation in our country.The reason of judgment is the value part of the judgment,which embodies the justice of the judgment result.At the same time,we need to see that not only plays the decision reason supplement to the text of the judgment function,at the same time,also has the effect of the deeper reasons for judgment,namely in the case of the fact and the legal level,and has a certain effect.In the second chapter,the function effect of judgment reason and discuss the reasons for judgment,has a certain binding force,can be realized and the objective reality of economic action and social effect,unity and stability to maintain effective verdict.In the third chapter,through the analysis of related theory of legislation of Soviet law has a profound impact on China’s civil legislation and the Soviet scholars,indepth understanding of the validity of judgment reason in legislation(pre Soviet force)of the relevant provisions,in order to further understand the legislative origin of the corresponding provisions in the existing legislation.The fourth chapter analyzes the existing theory of Derifa.Although Germany and Japan in the legislation to determine the reasons for judgment in litigation has not offset the res judicata,but the provisions of the statute of Germany and Japan has matured,also gradually show some disadvantages,therefore various theories are on the current legislation has made some ideas on the system.Through the analysis of the previous chapters,the fifth chapter of this paper,puts forward comprehensive suggestions combine with the current system of China.
Keywords/Search Tags:Reasons of judgement, Res judicata, Pre-decided facts
PDF Full Text Request
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