Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

Partial Judgement System Research

Author MaDeZhi
Tutor WangFuHua
School Shanghai Jiaotong University
Course Procedural Law
Keywords Partial Judgment Interim Judgment Missing Judgement Partial Claim
CLC D925.1
Type Master's thesis
Year 2011
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Partial Judgment, is just the court’s final ruling about a divisible rightsand obligations or part of the entity requesting from the Parties , one type ofthe final decision under specific litigation circumstance which could end theaction dependence effect. As a way of ruling, part-judgment reflects the jointrequirements from the parties’litigation rights and the court’s jurisdiction,takes a bow for the proceeding duly and unhurriedly. From the doctrine ofthe theory, there is urgent need to distinguish among Partial Judgment、Interim Judgment and Missing Judgement. From the point of proceduralsystem,the applying acope、the remedy and supervision system andsubsequent operation must be defined clearly by legislation. But the relevantprovisions of Civil Procedure Law Article 139 are indeedly too general andimplicit, so the reseachers usually feel vague and obscure because of thedefectiveclause which can hardly be applied in judicial practice . This Paperattempting to explain the concept of Partial Judgment,further emphasize thevalue and significance of Partial Judgment,theoretically outline the basicdevelopment path of our native Partial Judgment system , providing a valuable reference for the civil procedure legislation

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