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判决是人民法院行使司法权解决纠纷的动静结合、过程与结果共存的统一体和表现,这种结案方式在司法解纷格局中占有半壁江山,具有重要的作用。但在实践中,由于不少人缺乏正确的判决观,而且法官和法学者们多从微观方面研究判决,鲜有从宏观上认识判决的,这种情形在一定程度上影响了人民法院的司法能力的提高。针对上述问题,对我国法院10年判决结案的现状与所依据的法律渊源两项宏观要素展开调查研究,发现我国判决存在诸如法律中心地位不明显、既判力维护不力、判决书改革全国不统一、体系不合理等问题。为解决这些问题,本文提出了八项改革建议,供法律实务界和理论界参考。
Judgment is the unification and performance of the people's court exercising judicial power to settle disputes, the coexistence of process and result, and this method of settling accounts for half of the pattern of judicial dispute resolution and plays an important role. However, in practice, because many people lack the correct judgment, and judges and scholars mostly study the judgments on the microscopic level, and rarely recognize judgments macroscopically, this situation affects the judiciary of the people's court to a certain extent Ability to improve. In view of the above problems, this paper investigates the two macroelements of legal origin and the status quo of the 10-year verdict in our country courts. It is found that the status of our judgments such as the legal status of the center is not obvious, the res judicata is not well maintained, the verdict reform is not unified across the country, Reasonable and other issues. In order to solve these problems, this article puts forward eight suggestions for reform, which can be referenced by legal practitioners and theorists.