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部分判决是法院对系属于本审级当事人诉讼请求之相对独立部分,经审理达于可裁判的程度而作出的终局判决。因我国相关法律规定的模糊性及理论研究的不足,易导致相关概念的混淆与乱用。故理清与部分判决相关概念的关系问题,对我国审判实务中的恰当适用至关重要,且能为我国特殊判决制度的理论探讨与成熟奠定坚实的基础。
Part of the verdict is the court’s final judgment on the extent to which a party belongs to a relatively independent part of the litigant’s litigation request that has reached the verdict of being adjudicated. Due to the fuzziness stipulated by relevant laws in our country and the lack of theoretical research, it is easy to lead to the confusion and misuse of related concepts. Therefore, it is very important to clarify the relationship between concepts related to partial judgments and the proper application of judicial practice in our country, and it can lay a solid foundation for the theoretical discussion and maturity of the special judgment system in our country.