analysis of the new civil and commercial cases referee uniform scale system construction discussed（分析新民商事案件的裁判统一规模制度建设进行了讨论）.doc

Analysis of the new civil and commercial cases referee uniform scale system construction discussed Abstracts of practitioners of new civil and commercial cases handling different scales, leading to ‘co-exclusive sentence’ phenomena, and seriously jeopardize the credibility of the judicial authority and the judiciary, therefore, it is necessary to measure the types of cases the referee to be unity. How should the referee uniform scale? To discuss this article. Paper Keywords judicial referee uniform scale system build credibility with the increasing development of all areas of society, the relationship between people increasingly diverse, equality between the main types of disputes with each passing day, new civil and commercial cases are also emerging. As the new civil and commercial cases treatment is often not clearly defined laws, therefore, practitioners will inevitably lead to ‘co-exclusive judgment’ phenomenon, a negative impact on the credibility of the judiciary. Faced with an endless stream of new civil and commercial cases, how to prevent the ‘co-exclusive judgment’? The author believes that the referee should build a unified scale system, and in this article as a pilot study. One, the new profile of civil and commercial cases (A) Basic concepts for new civil and commercial cases the basic concepts, academia and practice are less to be defined, there are judicial practitioners believe that the new civil and commercial cases refers to the process of economic development of law no express provision in China commercial disputes  Bi. The basic concept for new cases, many scholars someone mentioned herein. Some people think that the new cases is due to legal developments, technological advances and social changes emerging in case of judicial activities is reflected in the form of new social problems and new contradictions  vertical; Some people believe that the new case is the result of legal developments scientific and technological progre