| The essence of civil procedure law is to seek both procedure justice and substantive justice to come true together , whatever law theories adopted by civil law system , Anglo – American law system or socialist law system . Moreover , owing to the difference existed in social and cultural development , economic structure and the ideology of rights and duties between countries , even the civil revolution happened in political development process , there are some different forms in the methodology of achieving the essence of civil litigation . The civil litigation is a part of social culture . The evolution of civil litigation is influenced on factors of political and social development of every country . As the movement of information and cultural interchange , the development of civil litigation theories accords with political and social development of countries . There are two important guidelines of development in current civil litigation . One is to value parties procedure protection and the other is to enhance obligations of court . These two guidelines match well with regulations of positive law and practice . Concerning the theory of parties procedure , there has been some revolutionary initiatives and accumulated many profound and detailed discusses in the civil procedure law field and pratical field of advanced countries for two hundred years . However , it is urgently necessary to make an effort to set up parties procedure protection in the east society , especially in China . The ideology of parties procedure protection began in the civil procedure law formulated by the French in 1806 . At that time , the action model of liberalism viewpoints was adopted . The action model had been criticized continuously in practice because people considered that overthrowing dictatorship to get individual liberty was not easy and they feared of counterattack of feudal dictatorship . Therefore , procedure protection theory was based on the party's liberty during the period . The judge had to insist his situation of neutrality and passivity . The judge's lawsuit competence was weakened . The industrial revolution brought high development of captalism to the society , but civil liberty based on liberalism was a mere formality due to the difference between individual power , social class and resources owned . The realization of justice couldn't be found in a lawsuit . because of various social impact . Only the powerful man in a society could obtain the justice . So to set up the theory of party procedure protection has been a urgent and important subject in the development of procedure law .The scholars and legislative members issued the warning that to neglect party's formal equality is unable to carry out party's substantive procedure protection . It would be not required to establish juridical process if justice becomes the battle result between the powerful and the weak man . Therefore to reconsider the lawsuit substance from social issues and to enhance judge's competence is very important . By enhancing judge's competence , the judge could actively participate in party's civil procedure to ensure party's fundamental right and to execute properly judge's interpretation right for preventing from unexpected judge and resolving difficulties of delayed procedure . The judge is reliable and worthy of trust because of giving consideration to party's dominant procedure. The author hereby writes this thesis for purpose of discussing the judge's role and competence in civil procedures . The study is full of historical meaning , social function and scientific value. The civil procedure laws in Germany and Japan have been amended with tendency to enhance judge's competence , especially concerning the operation of interpretation right in lawsuit practice. The study of substantive relationship between judge's interpretation right and execution of party's procedure protection . will be helpful to expand the procedure protection theory and will offer a leading logic for legislative theory .
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