Research On The Prevention Of The Judge’s Surprise Attack In Civil Procedure In China

The theory of referee surprise originated in Germany.With the development of human social science and civilization and people’s continuous pursuit of judicial justice,people gradually pay attention to the prevention of referee surprise.Various countries have introduced and developed the theory of referee surprise.In our country,the proportion of cases involving referee raid in practice cases increased year by year,but in our country’s legislation content point of view,and there is no clear definition about the referee,and about how to prevent against the referee raid is no clear legal rules,it also led to a lot of scholars have different opinions to the definition of the referee raid,at the same time on guard against the opinion of the referee raid also disagree,This indirectly makes the judicial practice to prevent the surprise of the judge has a certain obstacle.It has been the focus of discussion in both theoretical and practical circles how to prevent judicial surprise,so that it can fully guarantee the litigant’s right of debate and other litigation rights,and at the same time improve judicial efficiency and judicial credibility.This article is composed of five parts: introduction,the formation reasons and harmful consequences of judicial raid,case analysis of judicial raid in China,and the prevention of judicial raid in China.In the introduction,the author firstly lists the concept of referee’s surprise and introduces the classification of referee’s surprise.At the same time,this paper introduces the current situation of domestic and foreign research on this issue,in order to prove that the relevant research on referee surprise is meaningful and on this basis,we can continue to explore the most appropriate way to prevent referee surprise in Our country.The second chapter of this paper introduces in detail the reasons for the formation of sudden judgment,discusses the specific reasons for the formation of sudden judgment from the aspects of litigation system to the disclosure of judges’ psychological evidence,and expounds its possible harmful consequences.In the third chapter,through the analysis of the civil practice cases in Our country,the analysis and summary of the usual form of the practice of judicial surprise cases in Our country,and in which stage of litigation is more likely to lead to judicial surprise.Finally,this article on the basis of the judicial practice in our country actual situation,refer to countries outside of the related regulations,to further develop and perfect puts forward concrete opinions against the referee raid,including in terms of legislation,should perfect the evidence rules and pay attention to fulfill its obligations to shi Ming,the judge of the public,should further improve the judge should do well in literacy and the referee center instead of black-box preventive measures.