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民事审判中 ,就应当驳回的案件 ,是以裁定驳回还是判决驳回 ,须分析起诉条件和证据性质 ,界定其为程序抑或实体范畴 ,以免机械判断带来不良后果。
In civil trials, the cases that should be rejected are rejected by ruling or rejected by judgments, and the conditions of prosecution and the nature of evidences should be analyzed to define them as procedural or substantive categories so as to avoid the adverse consequences of mechanical judgments.