Research On Judge's Interpretation System

As the result of the blending of public right and private right, the combining of jurisdiction and right of action, judge's interpretation system has the extraordinary meanings in the civil procedure. It plays a driving role to both the reform of civil procedure and the exchanges of the system of civil law and the system of common law. Especially today, the litigation modernization is being expanded constantly; judge's interpretation system has been given even more content.This article has five parts. The first section briefly introduces the research situation on this system. The second section begins with the analysis of the definition of judge's interpretation, and discusses several relevant concepts. The third section places emphasis on the historical development of this system. The fourth section argues on the system's existing basis and value. And the last one is the most important part of this article. After the explanation of this system's concepts, historical development, its basis and value, the article attempts to offer some ideas for establishing this system in our country.Civil procedure law in China hasn't prescribed the judge's interpretation system yet and this results in many defects in both theory area and practice area. This article suggests that we should establish this system in civil procedure law definitely and concludes a legislative text proposal after the discussion about relevant ideas of the system.