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How to determine the date of the judgment
The author found that in the trial practice, there are three different ways to deal with the signing date of the judgment. First, the date when the collegial panel deliberated the case and put forward collegial opinions, and the date when the judicial committee made a decision on the case discussed by the judicial committee; The second is the date when the dean or department head issues the judgment; The third is to take the completion date of the proposed judgment as the signing date of the judgment. The author believes that according to the spirit of the relevant provisions of the Civil Procedure Law, the date of the judgment should be the date when the judgment is confirmed, that is, the date when the court trial organization makes a clear opinion on the case handling result. The first reason is that the date of signing should be the record of trial activities, and the date of signing should be based on the date of "determination of judgment", which records the result of the court's decisive handling of the case on this day and has the most legal significance. Second, it also disclosed the important time information of the trial. It is obviously inappropriate to set a date unrelated to trial activities as the signing date. The date of "determination of judgment" should not be the date when the president, the presiding judge or other persons who have the right to issue judgment documents sign the judgment. A judgment issued by the president, the presiding judge or other persons who have the right to issue judgment documents is not the determination of the judgment. In the trial practice, the issuance of judgment documents by the president, the presiding judge or others is only stipulated by the internal system of the court and has no legal basis. The issuance of the president, the president and others is only equivalent to reviewing the judgment and does not determine the verdict. Because even if the president, the president's issuing personnel have objections to the contents of the collegial panel's judgment, they have no right to change the contents of the judgment on their own, but they can ask the collegial panel to re-examine it, or the president can submit it to the judicial committee for discussion and decision. The president, the president's issuing personnel and so on must implement the decisions of the judicial committee, so the president's issuing behavior is not the determination of the judgment. Writing a judgment means that a simple case can be completed one day after the judgment is finalized, and a complex case may take several days to complete. The writing date of the judgment is uncertain and has no legal significance, so it is not appropriate to take the writing date of the judgment as the signing date of the judgment. However, this practice is quite common in trial practice and should be corrected. According to the relevant provisions of China's Civil Procedure Law and the People's Court Organization Law, the judgment is decided by the collegial panel, the judgment opinion made by the sole judge or the discussion and decision of the judicial committee on the case. In trial practice, the most obvious case in which collegial panel collegiate bench leads to "determination of judgment" is the case pronounced in court. After the collegiate bench pronounced the verdict in court, the judgment that can be pronounced has of course been determined, and the date of "determination of judgment" is of course the date when the collegiate bench made the judgment. The discussion and decision of the judicial Committee on the case has the effect that the collegial panel and the issuing personnel must implement, which shows that the discussion and decision have made the judgment "final". Since then, the release of the judgment is only an audit. To sum up, the date of signing the judgment should be the date when the collegial panel makes the appraisal result, or the date when the sole judge makes the judgment opinion; For cases discussed and decided by the judicial committee, the date of discussion and decision by the judicial committee shall be the date of signing the judgment. Fugou County People's Court Liu Zhu Movement