The Study of Pronouncing Judgments in Court in Civil Litigation
Journal Title: Scholars Journal of Arts, Humanities and Social Sciences - Year 2017, Vol 5, Issue 5
Abstract
Abstract: There are two modes in adjudicating judgments in China’s civil procedure act amendment 2012, namely sentencing judgments in court, or after court. The second mode is usually defined to the judges announce judgments on a fixed day in the near future. The above two ways of pronouncing are all have their application in judicial practice, but their application is interactive and in a mutual competition. In a long time, there exists the problem that the rate of pronouncing in court is extremely low while the utilization rate of pronouncing after court is increasingly applied inadequately. In addition, the current law has little concrete stipulations on appointed time of pronouncing, therefore there are some defects in judicial practice. In consideration of above problems, the Supreme People’s Court, with local people's court at different levels, has undertook a series of reform measures to change the current situation. In recent years, the judicial reform of China is under way, which aims to perfect the management system of judicial staff, the judicial responsibility system and improve the professional guarantee of judicial officials and, finally, modify the administration mode of personnel, money and material of courts. All above reform measures are designed to guarantee judicial independence, among which, the management of judges has directly pushed forward the establishment of independent status of judges. Nowadays, some courts are beginning their reform of establishing a more effective trial, among which a very important reform measure is to pursue judgments pronounced in court. Therefore, in the current judicial environment, to perfect the system of sentencing judgments in court is feasible and meaningful, thus the relevant research is worth getting more focus from both academic circle and practice field. Keywords: pronouncing judgments in court, civil litigation, judicial reform, pretrial procedure, public trial, principle of concentrating hearing.
Authors and Affiliations
Dun Xuemei
Keywords
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