Legal Regulation Of Civil Surprise Decisions

In civil litigation,the right of litigation of the parties is the key to opening the litigation.The right of litigation of the parties and the judicial power of the court to trial together constitute the core of civil litigation.They restrain each other and promote each other.But the two in the process of operation are not always in a balanced state,the emphasis on the judicial power of the court to trial may occur at the same time to infringe on the right of the parties.Infringement of the procedural subject rights of parties and the right to a hearing request phenomenon occurs from time to time.The parties can not know the internal judgment of the judge,resulting in the parties can not adequately present evidence and attack and defense debate,resulting in the difficulty of effectively affecting the internal judgment of the judge.The process of litigation and litigation results can not be expected,and finally the legal consequences of surprise decisions.The occurrence of civil surprise judgment not only leads the purpose of civil litigation difficult to achieve,and undermines the stability of the procedure,but also makes the parties lose confidence in the judicial process,weakening the judicial credibility.However,there is not much research on the legal regulation of civil surprise judgment in China,and no system has been formed in the legislation.Against this background,the purpose of this paper is to analyze the current situation and problems of the legislation in China,draw on the beneficial experience of the two major legal systems,and explore the specific path of legal regulation of civil surprise decisions.This paper considers that surprise adjudication refers to the failure of the judge to properly explain or disclose the evidence in the course of the case,which prevents the parties from fully and effectively launching attacks and defenses,resulting in the unexpected legal effects of the adjudication process and results.The occurrence of surprise decisions is contrary to the purpose of civil litigation and procedural stability,weakening judicial credibility and deviating from the core socialist values.So it is necessary to regulate surprise decisions by law.The procedural subject rights of the parties and the theory of the right to a hearing provide the theoretical basis for legal regulation,and the values of justice,efficiency,order,harmony,and democracy are the procedural values pursued in the legal regulation of civil surprise decisions.This paper also summarizes the current legislative and judicial status of the legal regulation of civil surprise adjudication in China,as well as the problems of sloppy legal provisions,low legal status,lack of remedial paths,and neglect of the litigation subject of the parties in the legislation on the legal regulation of civil surprise decisions in China,and conducts a comparative study of the two major legal systems,and puts forward three specific ideas,such as establishing the judicial concept of civil adjudication,clarifying the guiding principles of civil adjudication,and optimizing the institutional system of civil adjudication,as the mainline and core.The proposed improvement and optimization of the legal regulation of civil surprise decisions.