The Civil Judgment modal analysis
|School||Southwest University of Political Science|
|Course||Civil Procedure Law|
|Keywords||Decisions of the Court Verdict Grounds for the decision Things verdict open|
The Civil Judgment as the final carrier of the rights and obligations of the parties, the objective, logical writing is crucial, because it not only reflects the overall quality of the judges, but also a microcosm of China's rule of law in the process of building. The parties will be involved in their own rights and obligations of the dispute before the court referee, is hoping the power of the judiciary, but also a clear as noonday saying. Initiate and undertake proceedings are tightly around the center of the rights and obligations. Judge after a series of legal procedure laid down referee disputes, the final processing results expressed in the judgment. Parties to get the verdict, and that is to get a proof of their rights and obligations. The same time, the general public by the Court's judgments, to understand the legal norms and guidelines for behavior and supervision of judicial impartiality and neutrality. An outstanding civil judgment requires not only rigorous logic, proper textual representation, reasoning fully justified these qualities, but also have a reasonable level of structure and arrangement, to the full performance of the function and role of its bearer. Of the judicial reform in China is redoubling its efforts to start the reform of the civil judgment as an important part of the research and try to improve and progress has also been attached great importance to the legal theory and judicial practice. Its various aspects, such as the proper wording format and in full force and effect theory card are very complicated, so in the limited space of a master's degree thesis can not cover everything in detail discusses. Therefore, this article from the following four aspects involved in civil verdict basic modal and reform and improve the study. In this paper, a total of four thousand words. In addition to the introduction and conclusion, the body of a total of four parts. The main contents are as follows: First, the definition of \First, the part of the two main keywords of this court decision \To study the civil judgment, we must talk about the clear two generic concept of civil judgments. This section analysis the concept, characteristics and significance of the court decision, and the verdict of the meanings and role, the article discusses the further spread lay the groundwork. Through this part of the discussion, the following conclusions: the referee has the supreme legal authority of the civil dispute, and the legal authority of the attached impartial referee, and ultimately manifested through a civil judgment. In other words, a civil judgment is reflected only the final carrier of the Civil Justice authoritative. In the current environment and building a socialist society under the rule of law, in addition to great efforts to train full awareness of the rule of law, build a good legal environment, the implementation of the reform and innovation of the civil judgment, not only to spread the spirit of the law and enhanced legal authority has a direct norms and guidelines, and end for creating and maintaining a harmonious society under the rule of law has important practical significance. Second, the investigation of the elements of the civil judgment. Through that part of the basic elements of the two legal systems today countries and regions and in different historical periods in China civil judgment study, the basic structure and wording of the civil judgment. Examine the law of different countries and regions of the civil judgment and compared, to facilitate the detection of a civil judgment on the production requirements of the basic law. Observe the different styles in different legal concepts formed the verdict, the forward direction of the reform of China's current civil judgment reference. This section attempts compared and summarized by a variety of experience, the defects and Reform of China's civil verdict later to be launched pilot discussed conditions. Through this part of the discussion, the following conclusions can be drawn: a brief analysis of the two legal systems of several typical national civil judgment and of different historical periods and different parts of the civil verdict can basically tell the verdict style is different, but the basic on the existence of two distinct tendencies. As a whole, the verdict may exhibit compared with the color of the argument or dialogue may exhibit compared with the authoritarian colors. Our legal system more inclined to civil law countries, the provisions of the Civil Judgment on more characteristics of the civil law countries. However, strengthen exchanges and continue the trend of integration, China's civil judgment also need to be strengthened to absorb new and excellent experience for China's national conditions, learn from each other, each other, in order to achieve further improvement and development of two legal systems today. Third, the problems in our practice civil judgment. To correct shortcomings need to find fault with the earlier identification and inspection, defects of civil judgments can have a clear understanding. That part of the civil judgment from the practice of the present stage some low-quality common problem, said the common problems of the theory certificate, a narrative of the facts and Zhu Wen tail defects excavated, lay the foundation for the later corresponding reforms proposed method . Through this part of the analysis, the following conclusions can be drawn: the current judicial practice in China there are many problems in writing on the verdict, the universality of the problem should be caused by the high degree of attention of theorists and practitioners. More comprehensive description of the circumstances of the case in a civil judgment, the reasons, the judgment of the parties to the main evidence admissible or not admissible on the basis of legal provisions and understand the provisions of the law and possible vulnerabilities supplement very necessary. A complete, accurate words, reasoned judgments, not only convinced the parties to agree with the public, but also to establish the authority of the court to play a very good publicity. Making judgments in practice there are many problems, social reform continued to deepen the excellent situation, the timing of the overall improvement of the civil judgment writing, in order to adapt to the socialist democratic and legal construction carried out. Fourth, China's Reform of Civil Judgment suggestions and expectations. The part of the first problems noted above, the civil judgment, from the details of improvements and further direction from the large and institutional aspects of the reform forward looking, trying to build the framework of the reform of the civil judgment, for the current The reform carried out a few comments. Through this part of the analysis and demonstration, the following conclusions: the reform of the civil judgment is a systematic project, only organic links of various reform measures, to strengthen the supporting methods improve, in order to achieve effective results. Under the guidance of the Supreme People's Court, the reform of China's civil judgment is imperative, and has achieved some success in practice. However, the future is bright, the road is tortuous. The reform of the civil judgment also involves a lot of deep-seated problems, the need for multi-faceted coordination forward, can have good results. Throughout the civil judgment related systems of the countries and regions in the world, we must learn to its essence, to its dregs, combined with China's national conditions under the premise of their advantages for me used to provide innovative direction for reform.