司法体制改革背景下民事诉讼当庭宣判制度的完善

Improving the System of Pronouncement of Judgment in Court in Civil Litigation under the Background of Judicial System Reform

新一轮司法体制改革为民事诉讼当庭宣判制度发展创造了更加有利的条件,然而当庭宣判应当由谁进行,案件范围该如何确定,具体包括哪些内容等,这些问题很难从立法中找到现成的答案。在现代法治发达国家中,英国、美国、德国、法国、日本等国家民事诉讼当庭宣判制度具有一定的借鉴意义,我国民事诉讼可以适当借鉴域外当庭宣判制度立法经验。当下可将审判长作为当庭宣判的主体,未来应当确立主审法官的当庭宣判主体地位,确立以当庭宣判为原则,以定期宣判为例外的宣判制度,区分不同诉讼程序宣判不同的内容。

The latest reform of judicial system has created more favorable conditions for the development of system of pronouncement of judgment in court in civil litigation.However,it is difficult to find ready-made answers to the questions in the current legislation,such as who should pronounce the judgment in court,how the scope of the case should be determined,and what contents must be included.Among the modern developed countries with the rule of law,the system of pronouncement of judgment in court in civil litigation in Britain,the United States,Germany,France,Japan and other countries can offer some lessons for the adjudicating system in court in China’s civil litigation.At present,the presiding judge can be regarded as the subject of pronouncement of judgment in court.In the future,the dominant role of the main judge should be established in the pronouncement of judgment in court.Meantime,the system of pronouncement of judgment should also be established,in which to pronounce the judgment in court is the rule,and the regular pronouncement of judgment the exception.It is also supposed to distinguish the different proceedings that pronounce the different contents.