Abercrombie outlet,Priority issues and interlocuto

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Priority issues and interlocutory decisions

Abstract At present, China for the pre-determined in the form of judicial matters, procedures, effectiveness, and other relief means gaps or deficiencies has been seriously troubled by the judicial practice, especially with the gradual deepening of the Reform Litigation, the parties the right to control the debate and Justice efficiency of strong pressure from two opposite directions on the jurisdiction of the formation of extrusion. By resolving civil law countries such as Germany and France, the middle of the referee system, which will be the referee between the object into the application of pre-entity issues, procedural matters and pre-attack defense matters, and then the referee in our civil system - decisions, rulings and decisions - the overall framework, decisions on matters discussed three forms of the above. Finally, pre-focused on substantive issues in the middle of the referee system, and its basic theory and of the existing coordination of the existing system. The middle of the middle of the referee decisions Keywords Article verdict a referee decisions, problems and methods in civil proceedings, the referee when a controversial question with another question must first identified as a prerequisite, the parties request the referee's problem is known as the main problem or the problem, the problem must first be identified is called with questions or a preliminary question / pre-matter. In the domestic civil procedure, pre-settlement issues are often the main objective of the trial is fixed, savings and speed up the proceedings, and therefore is closely related to the middle of the referee system. At present, China's judicial matters for the pre-determined not to pay attention, and its forms, procedures, effectiveness, and other relief means gaps or deficiencies has been seriously troubled by the judicial practice, especially with the gradual deepening of the Reform Litigation, the parties the right to control the debate force and the strong pressure of judicial efficiency are two opposite direction from the jurisdiction of the formation of extrusion, not only will the intermediate pre-judge matters onto the agenda, and also the referee of the existing institutional system and the related basic theories and challenges. In Comparative Perspective, the country has matured in the middle of the referee system, such as Germany in the middle of sentence (in particular the reasons for decision), France, with decisions and judgments and mixing of intermediate judgments, decisions, etc. in the middle of the United States. However, the definition of referee among countries, functions, and have very different scope, if only the system labels as a basis for comparative study, comparative study attempts to find available resources in the middle of the referee system of reference or simple legal migration, not only is difficult, but is useless. In particular, China is in the transformation in action mode, the basic theory is not yet mature or shape, scope and application of Article divided into features from the standards, for which, in the comparative approach to explore the use of pre-matter of the referee system, In this paper adhere to the three basis points: first, the center of the problem, rather than the name of the foreign system as the center. With our country facing the judicial practice, the existing system has not solved the problem - pre-determine the way the judicial matters - different names from the foreign system to find a reasonable way to solve these problems. Second, static, and strive to make matters is a pre-constructed model and our dispute resolution relevant to the basic theory of litigation model suit system and to maintain self-consistency; the dynamics as much as possible and learn from China's civil and construction are basic theory and the general trend of judicial reform to maintain logical consistency. Third, in concept, I do not agree with Article disrupt our existing system, introducing a foreign concept. China's current form of the basic classification for referees inventive, has its own logic and standards, but also the legal profession has generally accepted in China, which in principle should be recognized and preserved. This paper is the referee system, the system of pre-judgment matters make up that gap, but the need for the referee system, uncoordinated system of several aspects of the theory of logical reconstruction. As China's decision ruling the country between the British and American, regardless of the definition, types, scope, approach and the institutional background and the relief theory, etc., are not too many comparable place, ① civil law countries it is this focus on two large representation model, namely Germany and France. Based on the above considerations, the author according to the needs of our judicial practice that pre-judge matters of system construction issues, according to the scope of application of Article for the basic criteria for the classification, such as the ruling applies to entities matters, ruled that for procedural matters, the decision command for litigation matters, matters of a purely defensive attack as the reason for the referee to and restructuring, resulting in China follows the Substantial pre-matter, is in the payment claim or the form of complaints (the complaints), if not only the chief complaint of their own disputes, and as a chief complaint of the foundation, you need to first confirm that the matters (such as the most common complaint reason or reasons for the legal relationship behavior) is also a dispute, which is the pre-substantive matters or a preliminary question. These include the right to damages, unjust enrichment claim, the creation of the contract complained of the establishment of an effective or voidable, the eradication of aging, and so on. Action of the change in the form of complaints, but also the reasons for the need to conduct legal relationship or the reasons first confirmed case, as in divorce proceedings the parties are set up for the marriage itself or effective dispute. Substantive matters of judicial precedent to determine, among China's ruling should be applied. Procedural prerequisites matters, is the referee in the proceedings on the request of procedural matters disputes the premise, in which the core issue is the legality of appeal. Including: the prosecution, to participate in the main body of the complaint and consolidated complaint, the court's subject qualification (competence and jurisdiction) and the party's main qualifications (plaintiff suitable, eligible defendants, litigants and participants of the common complaints qualifications of the parties); in the retrial, the subject eligibility and meet the retrial; in the future construction of three trial program, the main conditions of eligibility and appeal meet. Matters of procedural prerequisites for judicial determination, our ruling should be applied - both have the middle of a final ruling and decision. Attacking and defending methods matter, is associated with the subject matter of litigation but not itself constitute the subject matter of litigation matters in dispute (Germany said the preliminary physical matter), and the fact-finding and evidence surrounding the dispute arising. Including changes to permit or deny the appeal, object merging, and claims that the withdrawal, while the scene of the parties legal representatives factual claims be withdrawn or corrected, to prove the legitimacy of the defense evidence and evidence investigation, refused to witness or expert permit or deny the legitimacy of identification, and so on. These matters are applicable to the middle of sentence in Germany; France in the middle of pre-judgment measures are mainly applied to the referee. However, the way these matters to determine the applicability of the referee, depending on the action mode of the development process of the debate system, at least not for now in China is still the middle of the referee. Therefore, this system of referees according to the construction of intermediate goals and the default functions in close contact with a pre-matters and matters of defense against attack by force boundaries, to attack the referee system of defense items from the middle of the scope of the spin-off. However, stripping the basis of full consideration to the nature and characteristics of matter. For example, on the physical problems of the defense can be divided into three levels, namely the right to defense, defense of the facts and evidence in defense, the right to defense (as against the claims and the legal basis of relations between the defense) can be pre-classified matters of substantive dispute , the fact that the defense (such as the fact-finding and proved for the defense),[link widoczny dla zalogowanych], and evidence of defenses (such as the capacity for evidence and the probative force of the defense) to be classified in attacking and defending methods. Another example, the object of merger or cause of action, although the changes are attacking and defending methods, but the subject matter of litigation and the judges involved in the changes the object itself, you can return for the rights of defense and the middle of sentences. The following discussion will show that this division is not only a different matter at the appropriate time, an appropriate scope and approach into the middle of the referee system of reserved space for a reasonable, but also for the entire Civil Judgement System, in particular, the Court Verdict system of production and the gradual establishment of precedent, is worth trying to explore. Finally, because differences in national referee system also affects the definition of various types of judges, to avoid ambiguity, in which the core of this simple definition of the term - unless otherwise specified, the paper said a final referee, is refers to the subject matter of litigation or for matters of precedent and lead to litigation in the trial-level judge of the end of the trial; the middle of the referee refers to matters other than for the subject matter of litigation can not be made by the end of the proceedings in the trial-level judges hearing; temporary judge is for the subject matter of litigation, pre-matter, or made other significant procedural matters may be the final judge modified the referee. Second, the background: the civil judge system among the existing framework of the national referee system significant differences between the system and its own system of referee in close contact, so that we can not judge the system from the middle system, cutting out the whole system and partial comparative study. To this end, this section will focus on those of In addition, as research objects and objectives of this paper, a prerequisite matters most is the use of justice in our country, , including the pre-substantive or procedural issues and attack defense matters, but these are not found in our form of independent judges, but rather constitute a decision or ruling of the reason, it is placed outside of this part of the discussion. (A) of the referee in the form of the surface, our existing forms of civil jurisdiction, including judgments, rulings and decisions, with Germany and France no different. However, the specific type and classification, etc., but there are important differences. 1. Basic Types and Classification referee standards - judgments, rulings and decisions pass that China believes that decision is the end of the proceedings of the case matters the determination of entities; ruling is the trial and execution of the procedural matters and individual entity Judgement matters - matters of procedure refers to an entity not directly involved in matters of rights and obligations; decision in the proceedings of the ruling made some special issues, and ruled that difference is a matter for decision and the proceedings but not directly related to the process of change involved in the proceedings, mainly for the treatment took place during the proceedings and eliminate barriers to action negates. However, the division method of communication that only consider the referee to determine the form of core standards, which only the referee issues a standard, to define the scope of various forms judges did not fully comply with legislation and practice of status theoretical logic is not clear enough. In fact, only a matter of principle, the referee determined the scope of the referee forms, such as physical matters for decision, ruled that for procedural matters and on important matters of individual entities to decide for general procedural matters, and litigation matters against defense command matters. Except for matters outside of the referee, the referee in the form of action also depends on the meaning of the referee to end - and this is precisely the middle of the referee and the final delimitation of the boundary point of the referee. For example, the same judge on the real issues, temporary judge ruled that applies (such as advance the implementation of decision), the referee for the final decision attribute (part of the sentence or all of the decision). Forms of the German referee into judgments, rulings and decisions three categories. In general, rulings and decisions are taken with the leadership nature of the proceedings, but the standard form of the German division of the referee is not primarily a matter for the entity based on solving problems or procedural issues, but rather to judge whether the procedures according to court after the debate. Sometimes the referee applies the same content decisions, sometimes for determination, such as the application of provisional seizure of the referee, after oral arguments apply if the final decision, or to determine whom. To pursue the debate in the German doctrine, it is difficult to imagine an important entity that issues will render a decision without debate, so the scope of the German ruling also great, not only the entities discussed in this article or procedural matters in Germany are pre- for decision, and the large number of attacks on our defense for the decision to resolve issues also apply to judgments. Therefore, the inspection system of the German referee, is not limited to its title More importantly, by the referee in the form of different standards, means giving some form to the appropriate legal effect of the referee and the relief route, followed by the pursuit of standards and values are also different. This issue will continue the discussion later. France's decision refers to the judge finding disputes the admissibility of the instrument. Generalized is called the Even from the more general terms, the decision made by an arbitration institution (sentence arbitrale) also belong to the scope of decision. Once the decision is announced by the applicable laws and regulations and that the nature of the instrument with the referee, if it is amicable settlement, then the decision is equitable. French Civil Code, a chapter devoted to introduce for the special rules for different judgments, and judgments divided into two categories: the first category is based on the parties to attend or not, I divided on the decision and the absence of decision reflects the debate on the doctrine in a prominent position in the civil action; second approach is based on the end of the case, classified as substantive judgments and other types of judgments. However, judgments and determine entity code will confuse the classification decision has been questioned by theorists. French scholars to judge whether the end result in cases of uncertainty as the standard, the sentence is divided into Determine the verdict and sentence in dealing with controversial entity, there are some common ways that they are the jurisdiction of the judge, after the exhaustion of the product, so from the date of declaration is found to have the dispute res judicata; but ruled that the defense program, defense ruled inadmissible, and other incidental events,[link widoczny dla zalogowanych], although ruling as a 2. Referee and scope of the specific type - final referee, referees and temporary judges middle single type of decision, only the final decision,[link widoczny dla zalogowanych], no intermediate decisions, regardless of the object or the referee to judge the significance of the end of the proceedings for the standards This is true. Final decision is controversial for the rights and obligations of an entity (ie, the object of action) and made a complete end of the trial-level cases within the referee. All final decisions and judgments are divided into some judgments, the former is made of all the final judge of the object of action, which is the subject of a decision of some action - some judgments, although not yet the case proceedings end, but The verdict against that part of the subject matter of litigation, the judge is independent, determined, final and res judicata of the real. With a single type of sentence is different from both the determination of final adjudication, but also the middle of decisions and interim award. Can be divided into four categories: The first is for pre-judgment of procedural matters, including inadmissible, rejected the prosecution, objection to jurisdiction and admissibility retrial (file retrial) ruled that the appeal in the content involves the legality of in the nature of the front for the final two referees, the referee after the two intermediate; second is the matter for some entities, the temporary judge, such as property preservation ruling and advance the implementation of a decision; third category is for or against the impact of litigation End of the referee a major procedural matters, such as the stay of proceedings ruled that the proceedings are terminated and the referee's decision whether to grant a withdrawal,[link widoczny dla zalogowanych], in the middle of nature covered the final judge and referee; The fourth category is the implementation of procedures and judicial review of the decision, the scope of wide range of content messy, complex nature, can not bear with this theme, in this no decomposition. Determine the scope of judgments and decisions than the much broader, all judgments and decisions on all matters outside the scope of application are applicable to a decision. According to the importance of the subject matter of the litigation, the application will determine the object can be classified in three categories: The first is direct action matters, such as the move made by the decision of disqualification of a judge, by authority of the decision on the trial date; The second category is an attack defense matters, such as by authority or evidence made the motion to postpone the hearing period or the decision made by motion or dispute a decision concerning the revocation of admission and so on; The third category is the legality of appeal, included in the complaint, counterclaim, to participate in the appeal, appeal, retrial, revocation of the complaint and other types of jurisdiction, the court composition, etc.) and merge the object of appeal, change or revoke such should dispute, in which the final adjudication of certain matters in a judicial magistrate reason to And China, contrary to German law rulings and decisions on the scope of application is very small, there is no special category, and the classification decision is very rich. Judgement for the settlement of disputes in accordance with the form of meaning, into final judgments, decisions and keep the middle of sentences. All final decisions and judgments are divided into some judgments, which are the subject of litigation for all or part of, and made within the trial-level judges resolve cases - whether to support litigation, or the action as illegal or improper to be rejected . Only one or more intermediate decision points referee dispute, not to adjudicate the subject of litigation, which always have recognized the nature of the decision is made final part of pre-judgment, in preparation for the final decision, and reduce the burden of final decision . The middle of Germany in the middle of sentences including controversial decision (Confirm the decision, also known as the middle of disputes between ruling, which is the usual sense of the any intermediate dispute, if the referee has reached the level of the legal dispute (subject matter of litigation) itself has not reached the level can be pronounced. The application object can be divided into two categories: one on the legitimacy of such complaints procedural prerequisites and other important matters of procedural matters, including litigation and litigation obstacles to the existence of elements, the subject of the legality of mergers, the legitimacy of an appeal, retrial Action of the legitimacy (or justification), the parties to change the legitimacy and effectiveness, supporting the permission to participate in the legal proceedings, the legality of recovery procedures, etc.; the second is about attacking and defending methods of dispute, those matters and litigation does not constitute the subject of litigation related to the subject itself, it can be called the preliminary physical issues, such as the object of merger, permit or deny the appeal of the changes, and claims that the withdrawal, while the scene of the parties legal representatives factual claims be withdrawn or corrected , to prove the legitimacy of the evidence and the evidence of the defense investigation, a witness or expert refuses to testify or to refuse to identify the legitimacy of, and so on. Judgement is when the reasons for the causes and the amount of claims disputes have occurred, but only in respect of the disputed claim because the referee has reached the level, you can right through the middle of the reasons for ruling on pre-request the referee to make the program be burdens and accelerated to prepare for the final decision, and required to pay the disputed amount as the prerequisite. Because the scope of decisions, including the right to damages, unjust enrichment claim, the creation of the proceedings of the contract can be revoked, issues and interests of the causal link compensation to performance to perform on behalf of the defense and the defense, such as the right alternative, elimination of aging, and so on. As noted above, the whole of France into the referee decisions and other judgments to determine. The referee is the final verdict, including entities with decisions and judgments - judgments against an entity subject matter of litigation judgments made by the end of the proceedings; with major decisions to resolve preliminary issues of procedure, but only in the case of the end result in litigation, for example, to controversy over the legitimacy of complaints, and only when support for the legitimacy of the defense and dismissed the appeal proceedings leading to the end of the case only when the decision needs to be included. And determine the corresponding decision Also known as the French decision prepare judgments in the middle (jugement préaratoire), is limited to a pre-determined measures or provisional measures ⑥ decision, a judge during the course of the proceedings, made the final of the law of the case made before the prepare decisions, but its purpose is to declare the law disputes. France's provisional decision (décision provisoire) is the entity does not deal with the case, and handling requests for emergency action decisions, or judges have the right to modify or withdraw the referee. The former is true interim judgments, including emergency procedures for the determination of the trial and adjudication procedures in accordance with the determination of the request and direct the ruling cf; which provisional sentence is false, because the content is to be taken during the proceedings or the pre-interim measures which thus has a temporary, provisional measures taken to pre-referee, either to modify the measures taken to determine the sentence (such as child support judgments), so the French scholars believe that the nature of such interim judgments closer to the middle of sentences. In addition to determine the verdict and non- verdict, the French there is a However, this concept has often been free to expand, often also covers the content that contains both inadmissible, but also contains exceptions to the procedural processing of the decision. A typical example is the largest trial court accepted the case of copyright infringement: Large trial court accepted the prosecution of the copyright owner, the one person to proceedings for infringement liability (ie the main body of the case was part of the treatment), on the other hand various measures should be taken to the infringer to the copyright owner of the losses caused to conduct a detailed assessment (pre-trial measures and other experts, these measures are taken before the verdict), and sometimes pre-measures can be taken, which would require the infringer first Peifu the loss of the copyright owner. 3. The formation of the referee process, effectiveness and Remedy - real res judicata, res judicata, or non-binding form of the formation of a referee process depends not only on the referee's issues, and (should be) matters of which together shall constitute the decision with the referee referee effectiveness and Remedies factors. On the one hand,[link widoczny dla zalogowanych], a form of tribunal decisions more concrete matters of importance for the subject matter of litigation, the higher the effectiveness, the procedures for the formation of the judges (should be) more complex, more standardized, the more the debate reflects the doctrine, relief channels also (should be ) The more complete; the other hand, if the referee of the importance considerable, then the procedural safeguards under the premise of a considerable amount for litigation costs and efficiency measure, the complexity of the formation of the referee program (or confrontational) and Remedy possible between the completeness of a reverse interaction, the shift, while the referee was given the effect of what may become a lever balance between the diverse - in addition depends on the referees judge the effectiveness of the nature of matter, the function consideration is indispensable. The Overall, in the form of three judges, the decision of the general features, with a normative, procedural, and debated by the parties to dispose of the right to restrict, relief means perfect, and the decision and ruled that the general flexibility arbitrary, dominated by the terms of judges, free from constraints of the parties or Remedy features. Of the referee system, compared with Germany and France, the verdict is very small and the scope of a single type, while the ruling and decide the scope of great ideas embodied in the litigation system of the strong color of authority principle, reflected in the technology of the referee system, the rough and backward. The following are described it. The formation of judgments than normative. Judgement shall move the parties (prosecution) as the prerequisite to the two sides disputed (Request and defense) as the basis, elements of confrontation and debate as the referee (not cross-examine the court shall not be used as basis of a decision), the exercise of jurisdiction for the sentencing issues, basically disposition based on the parties and subject to debate system constraints. Meanwhile, the ruling means enjoy the relief, the general verdict the case may be unconditional appeal - although the flaw is the lack of trial-level system hierarchy, on the one hand makes the procedure caused a small waste of appeal, on the other hand the lack of legal review to make judgments function no precedent to take root, but generally speaking, China's decision as a means of dispute settlement finality, the formation of channels is the basic line and relief requirements. To effect, the substance of decisions are res judicata in respect of the referee to exercise jurisdiction over matters not again - although frequently effective sentence by the challenge of retrial procedure effectiveness greatly reduced leaving a final decision, but at least in theory. In this particular concern is the lack of effectiveness of decision levels, the right decision with the fact force effectiveness, res judicata and execution in real terms, such as res judicata res judicata and form almost indiscriminate. The resulting problem is that referees can not be the case with the different specific needs of different functions, can not be a character in the program, relief or less favorable, disposition and other aspects of the configuration of jurisdiction according to different functions and values orientation of adaptive design of the system. Formation of determination procedure, effect and relief means more variety, but the lack of accurate classification without the formation level. Overall, our decision not to debate the elements, even some rule (such as not be accepted) not to apply for the premise of the parties, judges generally ruled directly on its own. However, the specific situation is complicated. Only matters of procedure for the determination of prerequisites, for example, is also a condition for the prosecution (the legitimacy of complaints), the program is very different: the right to charge the court matters, whether or not there is a dispute, are not referees, there will be no debate or relief, but the court rejected the arbitration agreement the right to competent defense for the exceptions (but in a manner objection to jurisdiction); matter jurisdiction of the Court, whether the end result in the case were made by the referee (the referee so the final judge and co-existence between), and enjoy Relief on the right of appeal, but the referee in the middle of the defense as a precondition (the court rejected jurisdiction over the dispute), but not the final arbiter in disputes the premise, can be made in accordance with terms of reference (ruled inadmissible), also follow the motion to (support of jurisdiction the court rejected prosecution), whether the debate by the trial court discretion; proper party matters, only lead to litigation and render a decision before the Terminator, and to dispute the premise, usually subject to debate, the referee may be appealed, but the defense can not lead to the end of proceedings not for the referee, the referee in the final decision as a reason for an entity to be identified, the relief appeal the decision in the physical way that may lead to the This evidence to the contrary from another angle, the pre-judge matters of procedural matters and as a referee as a reason for relief in the effectiveness and differences on both channels; has thus prompted the referee system and relief system for achieving the coherence of the system's default value meaningful - for the end of the matter does not cause the case to the middle of the referee are not disputed, is to avoid piecemeal process and delays in the proceedings, but judge the matter as a reason to not judge the object, and the referee giving the reasons for not restricting the debate system ex post relief, then turn the whole case (not that matter) in a more permanent state of uncertainty and delay. Will be discussed later among the middle referee and the idea of separate appeals. Procedural prerequisites to the matters, the dispute shall be made by the parties to the debate among judges, regardless of whether the end result in litigation, but only those that result in litigation in the level of the end of the trial judge to bring an interlocutory appeal. This also solves the objection of the defendant to the jurisdiction of the appeal as a delaying tactic of the problem. Compared to judgments and decisions, China's The two sides decided not to debate or motion as the premise, may be given orally, in writing or recorded in writing in the form, not substance or form of res judicata res judicata, there is no way of relief, in addition to some important decisions may be made to the court decision with the Chief nature of the Administration of justice as a form of decision, if the command is only applicable to litigation matters, the above features themselves may not be defective, contrary to its terms of flexibility and help to protect the litigation process quick and orderly manner. But so flexible, free from constraints or relief means the parties review the referee is not bound by the court's own form, but it's so important to address the procedures mentioned above issues, attack defense matters, as well as a large number of pre-entity issues, the program security and justice is undoubtedly worrying risks and threats. In Germany, pre-attack defense matters and matters of reason to use (intermediate) solution to the decision, determination or decision does not apply, because the decision is subject to debate, and rulings and decisions do not require debate. Corresponding to this, the courts usually make their own decision by the binding and not subject to binding rulings and decisions. From the remedies of view, in principle, against the decision may declare against for complaints or appealed; the ruling and decided that, if allowed to declare against, then for real-time former leader. This arrangement reflects the importance of the referee issues, risks and judge the effectiveness and ways to procedural safeguards and remedies in direct proportion to the principle of growth, and form a clear hierarchy. Judgement is also a matter of the middle, the importance of precedent so that the referee to have more constraints and procedural safeguards, and a more formal way of relief, which means that the shortcut of the program is limited; and defense matters in the middle of attacking the referee, in the process and reflected even more efficient relief and low cost. French judge the effectiveness and relief means there is a certain gradient or level. In determining the sentence, the sentence dealing with the main problems with the physical elimination of the effect of litigation on the subject matter of litigation and legal rights have a substantial impact; dealing with issues with decision does not determine the subject of litigation and legal rights, and their formation process is not based on party entities based on the defense, though with a certainty, that the controversy over the referee has res judicata, but not with eradication of the effectiveness of the proceedings. But the decision whether it is physical, or with judgments, as long as it ended the litigation, is the final decision, that is, the jurisdiction of the judge after the exhaustion of the product, so from the date of declaration is found to the dispute with the res judicata and the party may alone on the appeal. France is different from the middle of sentences and the temporary decision to determine the common characteristics of decision is not reflected in the object, but rather reflected in the effect on - they do not have to judge the case and then deal with the loss of the right effect. However, the two types of non-functional condition of the verdict on referee matters difference between the actual impact, relief channels also different. As an interim decision, ruled that the emergency court proceedings upon request and ruled that in fact a direct determination procedure has some effect temporary res (at least to the parties is so.) The former only in the case of the emergence of new facts, the judge will be able to withdraw or modify; which although in theory, the judge may not appear in the case of the new facts to modify, but never heard of this situation actually happened . Both parties may make a determination to challenge the judge and may appeal this alone; for direct determination procedures in accordance with the ruling request, all interested parties can be appealed. Although the French scholars believe that such relief way incompatible with the nature of judges - ruled that the form of emergency proceedings with . However, I believe, from a functional sense, this arrangement is efficient in the process of the safety and rights of the compromise reached between the fitting. Intermediate sentence has more obvious than the temporary ruling of non-deterministic. The middle of the appeal decision may be, his appeal be postponed to make solid decisions, the parties have no right to judicial and administrative measures or judicial agreement is to appeal the Court of Appeal.