Comment On The Interpretation Right System In China

Interpretation right system originated in Germany, then, France, Japan and other civil law countries and regions have established the system, making it a fundamental civil system of civil law countries. The adversary system makes the judges much too negative and neutral, weakening the authority of judges, which leads to litigation delays, cost increases, and even substantive injustice. The Interpretation right, as a necessary complement of the adversary system, if exercised properly, can effectively overcome the shortcomings of the adversary system and the dispositive principle, to improve judicial efficiency and safeguard judicial impartiality.In China, the more in-depth reform of the civil trial makes the model of civil litigation shift from the original inquisitorial system to a new one. This new model puts more emphasis on the parties'participation, and the judges no longer run the whole show in the trials. However, this does not mean that the judges are completely passive and neutral, and adjudicate only by the parties'claims and evidence, on the contrary, in order to assist the parties to conduct the litigation, the new model asks the judges to make some interpretation appropriately if necessary to discover the true facts, and adjudicate impartially, which can improve trial efficiency. Supreme People's Court promulgated the "Provisions on Civil Evidence" on December 21, 2001, and some provisions are considered the introduction of the Interpretation right system, such as the judges'notice and guide to the parties for showing evidence, the judges'introduction of the parties'admission and the judges'notice to the other party when one party changes the claims. However, the provisions on interpretation right of the current law in China is very few, and haven't yet formed a perfect system, which leads to no uniform standard for the judges to exercise the interpretation right in practice. Therefore, it is particularly important to establish the system of the interpretation right adapting to the civil procedure system in China.This paper is made up of three main parts. The first part is introduction of interpretation right, including meaning, nature, classification and function. The second part analyzes the status of legislation of the interpretation right system in our country, and find out the existing problem of it; and then analyzes the practice of interpretation right, and point out the reasons why the judges cannot exercise the interpretation correctly. The third part is some suggestions of the construction of China's interpretation right system, including the principal of exercise, the scope of exercise, the stage of exercise, and support measures.The author is sure that with advance of the reform of the civil litigation in China, the establishment of a sound system of interpretation right of judges will play an important role in the balance of the parties'capacity to action, realizing the procedural and substantive justice and improving the lawsuit efficiency.