判决主文明确化:程序法理与权力分工

The Clarification of the Main Text of the Judgment: Procedural Jurisprudence and Division of Power

判决主文明确化涉及当事人与法院以及法院内部等不同层面主体间的分工。由于执行机关对执行依据仅有"形式审查权",因此判决主文不明确的问题会以各种形式"回流"至审判部门解决,最终可能以"诉讼请求具体化"的形式转化为法院与当事人间的分工以致"起诉难"。通过对判决主文事项分析,其包括权利宣告与效果具体化之内容。前者需通过对要件事实的审判予以确定;后者无法定的要件事实予以"框定"。基于该种不同性质,可将前者作为诉讼请求之内容,受处分原则规制,且可通过立案、审判两个程序环节予以补充完善;后者无需作为诉讼请求的内容,不受处分原则规制,不作为上诉或再审的对象,可由法院裁量确定,以此达到公正与效率间的平衡,优化不同程序层面主体间的职责分工。

The clarification of the main text of the judgment involves the division of labor between the parties and the court and the court itself. Since the execution organ only has the "right of formal review" on the basis of execution, the ambiguous text of the judgment will be "returned" to the judicial department in various forms to be solved, and may eventually be transformed into the division of labor between the court and the parties in the form of "concretization of litigation claims", which makes it "difficult to bring a lawsuit". Through the analysis of the main text of the judgment, it includes the contents of the declaration of rights and the concretization of effects. The former should be determined by the trial of important facts. The important facts which cannot be determined by the latter are "framed". Based on the different nature, the former can be regarded as the content of the lawsuit and regulated by the principle of punishment, and can be supplemented and improved through the two procedures of filing and trial. The latter need not be the content of litigation claims, not regulated by the principle of punishment, not as the object of appeal or retrial, can be determined by the court at its discretion, so as to achieve a balance between justice and efficiency and optimize the division of responsibilities between subjects at different procedural levels.