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The intermediate judgment system research

Author: SongPing
Tutor: LiZuJun
School: Southwest University of Political Science
Course: Procedural Law
Keywords: the civil action the interim judgment the litigation efficiency the amicable settlement the sudden verdict the independent method of attack and defence the interim issue the reason for claim
CLC: D915.2
Type: Master's thesis
Year: 2006
Downloads: 302
Quote: 4
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Abstract


In the civil action in countries of the continental law system, when adjudicating a complicated civil case with many issues, in order to promote the litigation efficiency, and keep the order of the interrogation in court, the judge may exercise his power of office to command the two parties to launch attacks and make defenses for a issue. Having an evaluation of evidence about the issue through inner conviction, the judge can make an interim judgment to assure the existence of the issue. Generally speaking, the objects of the interim judgment are independent methods of attacks and defences, the interim issue, and the reason for claim. The interim judgment is different for the final judgment, for the former has no fixed validity of judgment. If the litigant does not give in to the interim judgment, it can only make an appeal at the end of the trial, about the interim judgment together with the appeal about the final judgment. The interim judgment system is an important litigation system for countries of the continental law system. It originated from Germany. Japan and Taiwan respectively made some adjustments according to their own national or regional situation.Analyses of the interim judgment are made in this easy through the comparison of laws. The interim systems in the civil laws of Germany, Japan, and Taiwan are introduces, and the idea of constructing an interim system in our country is put forward. The essay is composed of four parts.The first part of the essay analyzes the concept the interim judgment and its position in the civil judgment. In this part, the difference between the interim judgment and other civil judgments is brought about through the analysis of classification of civil judgments. Being a special kind of civil judgments, the interim judgment is a verdict on the matters which should be dealt at first. It is a preparation for the final judgment. In the interrogation in court, the judge exercises his authority to determine whether to make an interim judgment. So, making affirmance, doing preparation, doing managements are the functions of the interim judgment. The civil law circle of our country often confuses the interim judgment with the interim confirming judgment. Although both are made by the judge on some issues in the proceeding, they have completely different characters and

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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