Research On Censorship Of Factual Claim In Civil Procedure

In the civil procedure that adopts the adversary system,the litigation materials required by the court shall be provided by the parties.From the perspective of burden of claims,the factual claims put forward by the parties are often improper.In order to achieve centralized trial and procedure promotion,the judge should censor the factual claims put forward by the parties,so as to make the factual claims of the parties consistent and important.Starting from the judicial syllogism,the censorship of factual claim ensures the legal rationality of the small premise.On the plaintiff’s side,it is mainly consistent review;On the defendant side,it is mainly the importance review.Based on the legal principles of object of action,adversary system,synergism,the censorship of fact claim has the basic functional orientation of strengthening the sorting of disputes,avoiding surprise judgment and alleviating procedure delay.Due to the falsification of pre-trial procedure,the loss of claim responsibility and the wrong order of court trial structure,the censorship of fact claims in China’s civil litigation is not perfect,which is specifically reflected in the review of ultimate facts and concretization of factual claims,efficiency and consequences of review.There are differences in the censorship of factual claims between the two legal systems,but as action from norm,China is suitable to learn from civil law system,implement consistency review and importance review,and regulate the parties’ attack defense and loss of power.To optimize the censorship of factual claims in China,we should take the specific object of action,clarify the claim responsibility and strengthen the pre-trial procedure as the premise.It should follow the order,review ultimate facts and concretization of factual claims.In terms of legal consequences,we should strengthen judges’ interpretation and the rejection of improper claims after interpretation.