Research On The Judicial Judgment Of Concurrent Performance Defense Cases

The right to defend at the same time is an important preservation system in the original Contract Law,which exists in the process of debt occurrence and performance,and plays an important role in balancing the rights and obligations of both parties.In recent years,the number of contract cases about continuing to fulfill the request has increased,which has led to an increase in disputes about the judicial application of concurrent performance of the right of defense.The judgment of simultaneous performance is the result of the parties exercising their right to defend themselves at the same time in payment litigation.Germany and Japan have relatively mature experiences and practices in the judgment of simultaneous performance.Article 66 of the original Contract Law and Article 525 of the Civil Code of our country stipulate the right of simultaneous performance of defense.However,due to the lack of legal regulation on the judgment of simultaneous performance in procedural law,judges have "different judgments in the same case" in judicial practice.Therefore,it is of great theoretical significance and practical value to study the judicial judgment of simultaneous performance of the right of defense.In this paper,we collect and sort out some cases of judicial decisions that fulfill the right of defense on the Internet of Chinese judgment documents,and use case analysis and descriptive statistics to study them.For this reason,the content structure of this paper is arranged as follows: The first chapter is the introduction,which mainly includes the research background and significance,research content and research methods,literature review of domestic and foreign related systems and innovation points of this paper;The second chapter is the statistical analysis of judicial judgments in cases of simultaneous performance of the right of defense,which mainly sorts out and counts the cases,including a specific analysis of the number of cases and the types of judgments,and a summary of the parties’ requests,defenses and reasons for judges’ judgments,paving the way for analyzing and solving problems later;The third chapter is the problems and reasons in the judicial judgment ofsimultaneous performance of defense cases.The main contents are the results of judicial judgment and the problems in litigation,and on this basis,the reasons are analyzed;The fourth chapter is the countermeasures and suggestions to improve the simultaneous performance of judgments,including legal regulation,learning from foreign mature experience and judgment enforcement.The judgment of simultaneous performance is a major trend of future legal regulation.As an extension of the right of simultaneous performance of defense in procedure,perfecting the judgment of simultaneous performance is conducive to making the system of simultaneous performance of defense play a greater role in substance and procedure.This paper suggests that China should improve the substantive law and the procedural law of simultaneous execution of judgments in order to give full play to the role of simultaneous execution of the right of defense.