判决的补正探析

判决的补正是司法实践中常见的现象,由于立法的欠缺和理论研究的不足,实践中存在诸多问题,意见难以统一;为此,对判决补正的概念和条件、判决补正程序的启动、判决补正的权限、判决补正的期限及判决补正的效力等问题进行探讨,有利于完善判决有关规定的立法以及规范司法实务操作。

On Modification of a Judgment

Modification of a judgment is a common judiciary practice. It is hard for us to have an identical idea about the judgment modification because of the lack of relevant legislations, insufficiency of theoretical study and existence of a variety of practical issues. This paper observes the concept and conditions of the modification of a judgment and decides the issues concerning the initiation of its procedure, its competence, time limits and effects, which, in this author’s opinion, will be certainly conducive to the making of laws concerned with judgment and to the setting up of a good judiciary practice.